Do You Get Paid for Lunch Break? When Do You Get Paid for Lunch Break Violations?

In California, there is no federal law requiring employers to provide a paid lunch hour. However, if you missed a lunch break your employer is required to pay you one hour of your wage.

By Brad Nakase, Attorney

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Do You Get Paid for Lunch Break?

Most California workers must receive the following lunch breaks: An uninterrupted 30-minute unpaid meal break when working more than five hours in a day. Employers must provide a second meal break of no fewer than 30 minutes for all workdays on which an employee works more than 10 hours.

Under California labor laws, every worker who is working at least five hours per day must be provided with a meal break of at least 30 minutes by their employer. If the entire workday lasts no more than six hours, the meal break may be waived if both the employee and the employer consent to do so.

Employees who work over five hours in a day are entitled to a meal break of at least 30 minutes that must start before the end of the fifth hour of their shift. However, if the worker is working at least 10 hours per day, they must be provided an additional 30-minute meal break by their employer, which can also be waived if mutually consented by the employee and employer, but only if the first meal break wasn’t waived. Employers must do more than simply make a meal period “available.” In general, to satisfy their obligation to provide a meal period, an employer must actually relieve employees of all duty, relinquish control over their activities, permit them a reasonable opportunity to take an uninterrupted 30-minute break, and must not impede or discourage employees from taking their meal period.

California meal and rest break laws are much more accommodating to workers compared to federal regulations. Rest breaks, also known as rest periods, are also a requirement under labor regulations. A rest period should not be less than ten minutes every four hours. Workers that work more than six hours a day are eligible for a second rest period. In case you work more than ten hours a day, you qualify for a third rest period, each worth ten minutes. These rest periods have to be included in the time worked. Therefore, employers have to pay for them.

When Do You Get Paid for Lunch Break Violations?

If your employer fails to provide the required meal period, you are to be paid one hour of pay at your regular rate of compensation for each workday that the meal period is not provided. For each workday that an employer fails to provide an employee a meal break as required, the employer owes the employee one additional hour of pay at the employee’s regular rate of pay. This additional hour of pay is not counted as hours worked for purposes of overtime calculations. Employees have up to three years to file a claim for unpaid wages. If either rest break is not given or is interrupted, the employer owes the employee one hour of pay at the regular rate of pay, which must be included in the next paycheck.

Employers must treat rest periods as hours worked and must pay rest periods as time worked. For instance, federal regulations require that employers compensate for worked hours, including the time that the employer may set aside as breaks. The California labor laws dictate that the employer has a duty to ensure that breaks are made available to workers, but it does not police whether employees take those breaks.

In the case of United Parcel v. Superior Court, the California Court of Appeal’s ruling clarified that a worker would be entitled to two hours of pay for missing a rest and meal break in a single day because there are two separate violations. Workers who work over five hours in one day are eligible for a meal break of thirty (30) minutes. Additionally, employees who work beyond ten hours in one day should also be allowed a second meal break for thirty minutes. The worker can waive the second break if they did not waive their first break and their workday will not be longer than 12 hours.

If the employer requires the employee to remain at the work site or facility during the meal period, the meal period must be paid. This is true even where the employee is relieved of all work duties during the meal period. Employers are not mandated to provide lactation time if, by doing so, it would seriously interfere with their business operations. For instance, federal regulations state that workers who must remain on the premises during lunch are entitled to compensation for that time.

Workers who feel their rights are violated may choose to handle the dispute informally, file a wage claim with the Division of Labor Standards Enforcement, or file a lawsuit against their employer. An employee may also file a claim when meal breaks are combined improperly with rest breaks. Meal and rest break compliance continues to be the source of a great deal of litigation for California employers. Employers must ensure compliance with labor laws to avoid costly violations.

In industries such as healthcare or motion pictures, exceptions may apply to standard rules regarding meal breaks. For example, employees in the motion picture industry may work no longer than six hours without a meal period of not less than 30 minutes, nor more than one hour. Under California labor laws, workers in these industries must still be given breaks according to the standards outlined in IWC Orders.

For violations of meal and rest break laws, the penalties are strictly enforced. The additional hour of pay for violations is intended to compensate employees for their lost time and ensure compliance with California’s labor laws. The Division of Labor Standards Enforcement has provided specific guidelines on how these penalties should be calculated.

Practical Applications of Meal and Rest Break Laws

California labor laws apply equally to exempt and non-exempt employees, with some specific exceptions for supervisory or independent contractor roles. Workers classified as exempt under executive or administrative exemptions may still be entitled to breaks, depending on the nature of their work. This is especially true if an exempt employee’s duties do not meet specific thresholds required by law. For example, truck drivers and inside sales employees often qualify for rest and meal breaks despite their exempt classifications.

Employees who waive their breaks voluntarily must still have that waiver documented in writing, and employers are required to maintain records of these agreements. For instance, when an employee agrees to an on-duty meal period, the written agreement must state that the employee may revoke the waiver in writing at any time. Failing to do so can result in additional liability for the employer.

Moreover, employers must ensure that breaks are scheduled appropriately. For example, rest breaks should, to the extent possible, occur in the middle of each work period. When this is not feasible, employers must provide alternative break schedules that comply with labor law standards. Cases such as Brinker Restaurant Corp. v. Superior Court highlight the importance of employer responsibility in managing break times effectively.

Remedies and Enforcement

California workers have various options for recourse when their meal or rest break rights are violated. Among these are filing claims with the Labor Commissioner or pursuing private legal action. When an employee prevails in a labor dispute, the employer may be required to pay both the owed compensation and additional penalties. Additionally, courts may award attorneys’ fees and costs to the employee.

The statute of limitations for filing a claim related to meal or rest break violations is generally three years from the date of the violation. However, under certain conditions, the statute may extend to four years if tied to broader wage claims. Understanding these timelines is critical for employees seeking justice and employers aiming to manage compliance effectively.

Conclusion

California’s meal and rest break laws are designed to protect workers and ensure fair treatment across industries. By mandating specific break periods, providing penalties for violations, and allowing legal recourse for employees, these laws uphold worker rights in a significant way. Employers must remain diligent in their compliance efforts, as failing to meet these obligations can result in financial penalties and damage to their reputation.

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