Failure to Provide Breaks

California employers are required to provide most employees with a 30-minute meal break if they work more than 5 hours in a day and a second 30-minute meal break if they work more than 10 hours in a day. California employers must also provide most employees a 10-minute rest break for every four hours worked.

If an employer fails to provide employees timely or uninterrupted meal breaks and rest periods or fails to pay them the extra one hours’ wage for each meal or rest break not provided to employees, they can sue for unpaid premium pay and other damages and penalties under various Labor Code provisions, including sections 226.7(c), 558 and 2699(f)(2) of the California Labor Code.

Rest breaks are required to be during paid time, and they cannot be interrupted by the employer. If an employer requires employees to miss rest breaks, work or remain on call during rest breaks, or take late rest breaks, the employer must pay each affected employee one additional hour of pay (i.e. premium pay) for each time a proper rest break is not provided. (California Labor Code section 226.7(c))