Understanding Meal Break Violations in California

Posted on Friday December 27, 2024

As an employee in San Diego, understanding your rights regarding meal breaks is crucial. Unfortunately, many workers are unaware of what constitutes a meal break violation in California, leaving them vulnerable to unfair treatment by employers. At Mara Law, we are committed to protecting workers’ rights, ensuring you understand your legal options if you’ve been wronged.

What Are the Meal Break Laws in San Diego, CA?

California has some of the most employee-friendly meal break laws in the country, and these rules extend to workers in San Diego. Under California Labor Code Section 512, employers must provide an unpaid 30-minute meal break to employees working more than five hours per day. If the workday exceeds 10 hours, a second 30-minute meal break must be given unless the worker voluntarily waives it under specific circumstances.

Employers are required to relieve workers of all duties during meal breaks and allow them to leave the workplace during that time. Failure to comply with these conditions violates both state law and the standards set by the U.S. Department of Labor, which emphasizes that meal periods should be duty-free under federal labor guidelines 

California Meal Break Law Chart

Here’s a quick breakdown of California’s meal break requirements:

• Work Duration: 5 hours or more
  Break Entitlement: One 30-minute unpaid meal break
• Work Duration: More than 10 hours
  Break Entitlement: Two 30-minute unpaid meal breaks
• Waiving Meal Breaks: Employees can waive the first break if the total work period is under 6 hours. The second break can only be waived if the workday is under 12 hours and the first break was taken.

This straightforward chart helps ensure that both employees and employers understand their obligations under California law.

Requirements for Meal Break

To comply with the law, employers must meet the following conditions for meal breaks:

• Relieve employees of all duties.
• Allow workers to leave the premises.
• Ensure the break lasts at least 30 consecutive minutes.

If any of these conditions are not met, the meal break is considered invalid under the law, exposing the employer to potential penalties.

What Is Considered a Meal Break Violation in San Diego, CA?

A meal break violation occurs when an employer fails to follow California Labor Code Section 512, either by not providing breaks, interrupting them, or pressuring employees to waive them improperly. These violations are common in industries with high workloads, such as healthcare, retail, and hospitality.

Mara Law regularly assists employees in San Diego who have experienced unlawful interruptions or denials of their meal breaks, ensuring their rights are upheld.

How Can Employers Violate Meal Breaks? (Examples and Common Cases)

Employers may commit meal break violations in several ways, including:

• Not providing breaks at all: Employees are required to work through their shift without an uninterrupted 30-minute period.
• Interrupting the break: Employees are called back to duty during the meal break or are not fully relieved of their responsibilities.
• Failing to provide a second break: Employees working over 10 hours are not given the additional 30-minute meal period.
• Requiring on-site breaks: Employees are restricted from leaving the work premises during their meal breaks.

Such actions directly violate California state law, as outlined in the California Civil Jury Instructions, Section 2766B, which addresses employer obligations under Labor Code violations, including meal breaks.

What Is the Penalty for Meal Break Violations in California?

When an employer violates meal break laws, they must compensate the employee with one additional hour of pay at their regular rate for each day the violation occurs.

For example, if an employee is denied both a lunch break and a second meal break in one day, the penalty could amount to two hours of extra pay for that day. This “premium pay penalty” is designed to deter employers from disregarding labor laws and ensure employees are fairly compensated for missed breaks.

Can I Sue My Employer for Violating a Meal Break?

Yes, employees in California have the right to sue their employer for meal break violations. Workers can file a wage claim with the California Labor Commissioner to recover unpaid wages, penalties, and interest. Additionally, employees may choose to pursue a civil lawsuit against their employer to address repeated violations or retaliation.

Such lawsuits can address more than just wage recovery—they may include damages for emotional distress or other adverse consequences caused by the employer’s actions. Having a qualified employment attorney is essential to building a strong case.

How to Prove Meal Break Violation in San Diego

To prove a meal break violation in California, employees must present evidence showing that their employer failed to provide legally required breaks. Key documentation includes:

• Timecards or schedules: Records that indicate continuous work hours without proper breaks.
• Witness statements: Testimonies from coworkers who experienced or observed the same violations.
• Written communication: Emails or messages from supervisors denying breaks or requesting work during meal periods.

This evidence can be critical in filing a claim or lawsuit against non-compliant employers. At Mara Law, we help San Diego workers gather and present compelling evidence to recover unpaid wages and penalties.

Protect Your Rights – Contact Mara Law Today

If you suspect that your employer has violated your meal break rights, Mara Law is here to help. Our skilled attorneys in San Diego can evaluate your case and provide the legal support you need. Call us at 619-234-2833 or visit Mara Law at 2650 Camino Del Rio N, Suite 302, San Diego, CA 92108. Let us fight for your rights and ensure you receive the compensation you deserve.