California Lunch Break Law

California has very strict and supportive labor laws that continuously aid employees in making sure their rights are not being violated or taken advantage of while on the job. One of the most important and consistently violated rights that a California worker has is a lunch break. Every worker is entitled to take a lunch break if they are working a certain number of hours. It is important to understand the California lunch break law so you can recognize violations.

What Is the California Lunch Break Law?

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 work day lasts no more than six hours, the meal break may be waived if both the employee and the employer consent to do so.

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.

Exceptions and differences can occur depending on the industry the worker is a part of, such as the film industry or farming industry.

Rights Associated with Meal Breaks?

A meal break is not just an opportunity to eat a quick snack and get back to work. It is a mandatory rest period given to you by California labor laws. When an employer refuses to allow you to take your meal break, it is a violation of wage and hour laws. You may wish to speak with a meal and rest break attorney about such violations. Here are some of the additional rights connected to meal breaks that you are afforded under California labor laws:

• No Interruptions: A meal break is just that: A break. You are not required to deal with any work or be interrupted by your supervisor during your 30-minute minimum meal break. If you so choose, you can work through your meal break, but the option to take it must still be given to you by your employer.
• It’s Your Time: If you want to use your meal break to watch an episode of a show you like, read a book, or do a Zoom call with your friends, it is up to you. As long as what you do does not violate additional company policies, you should feel free to use your meal break to do whatever it is you want to do. Be sure to familiarize yourself with what is allowed and what is not allowed on company grounds so you do not violate policy.
• Go Anywhere: You are allowed to take your meal break off of company grounds and go wherever you would like to go. Your meal break is off the clock, so it is essentially your time. Go shopping, go run some errands, go see a friend, or just go enjoy a meal.

If your meal break is violated in any way by your employer, you may want to consider consulting with a California labor attorney, particularly one who deals in meal and rest breaks. Your time is valuable, and it belongs to you.

FAQs?

Q: Can You Work Six Hours Without a Lunch Break in California?

A: Yes, you can work six hours without a lunch break in California, provided that is your entire shift for the day. However, if your shift is longer than six hours, you must be offered a lunch break around the end of the fifth hour. It is entirely up to you whether you decide to take the lunch break, but your employer must offer it to you as per California labor laws.

Q: What Is the Lunch Law in California?

A: California’s strict and enforceable labor laws require every employer to provide their employees with an unpaid 30-minute meal break time for every five hours worked. These breaks must be uninterrupted by work for the entire 30 minutes. Employees can spend this time in any way they choose, as it is their break time. This time must be provided prior to the last hour of the employee’s shift. It can be waived via mutual consent by the employee and employer.

Q: How Many Breaks Do You Get in an Eight-Hour Shift in California?

A: In a typical eight-hour shift in California, employees are legally entitled to one unpaid 30-minute meal break and two 10-minute rest breaks throughout the work day. The unpaid meal break must be taken before the end of their fifth hour of work. The 10-minute rest breaks can be taken at any time throughout the day so long as it is practical. It is up to the employee to decide if they want to take these breaks at all, but they must be offered to them.

Q: Can You Waive a 30 Minute Lunch Break in California?

A: Yes, you can waive a 30-minute lunch break in California. So long as the employer and the employee mutually agree to waive the lunch break, it can be waived. It is up to the employee to decide if they want to take their lunch break at all, but it must be offered to them legally by their employer. If the employee is pressured or manipulated into not taking lunch, the employer may be in violation of the California labor code.

Reach Out to an Experienced Meal and Rest Breaks Lawyer?

Every nonexempt worker in California has certain rights afforded to them under the state’s labor laws. If your employer ever makes an attempt to violate those laws by refusing to allow you a lunch break or pressuring you into refusing a lunch break, you should consult with a labor attorney to find out what your options might be for pursuing a case against them.

The legal team at The Law Office of Frank S. Clowney III can help you develop your claim and protect your interests to ensure you aren’t taken advantage of. Reach out to schedule a consultation with a valued team member today.