If your employer regularly makes you work through lunch, takes you off break to help customers, or schedules your meal break after you’ve already worked six hours, you may be owed significant money under California law. Many workers may not realize that every single day their employer violates meal break rules, they’re entitled to an extra hour of pay at their regular rate. Moreover, if your lunch break is unpaid, but you’re working during that time, you are likely owed wages for all that time you worked.

You Probably Have the Right to Uninterrupted Meal Breaks

Subject to certain exceptions, most workers in California entitled to meal breaks as follows:

For shifts over 5 hours: You must receive a 30-minute, uninterrupted meal break that starts before you complete your 5th hour of work. This means if you start at 8 AM, your lunch break must begin by 12:59 PM – not 1:30 PM or 2:00 PM.

For shifts over 10 hours: You’re entitled to a second 30-minute meal break that starts before you complete your 10th hour.

Completely duty-free: Your meal break must be completely free from work duties. Your boss cannot require you to answer phones, help customers, or stay on the premises during your break.

Common Violations That Entitle You to Money

These scenarios happen every day in workplaces across California – and each one means your employer probably owes you money:

The “Quick Question” Break

You’re eating lunch in the break room when your manager asks you to “quickly” help a customer or answer a phone call. Even a 2-minute interruption likely makes your entire meal break invalid under the law.

The Late Lunch Schedule

Your shift starts at 9 AM, but you don’t get lunch until 2:30 PM because it’s busy. California law typically requires your meal break to start before you complete 5 hours – meaning by 1:59 PM at the latest.

The “Eat at Your Register” Policy

Your supervisor tells you to eat while working the cash register or monitoring the dining room. This likely violates your right to a duty-free meal period.

The Shortened Break

Your employer gives you only 15 or 20 minutes for lunch instead of the required 30 minutes, claiming it’s “enough time.”

The Skipped Break Altogether

During busy periods, your manager says “we’ll skip lunch today” or “you can eat after closing.”

You’re Owed Real Money – Not Just an Apology

For every single day your employer violates your meal break rights, they owe you one additional hour of pay at your regular rate. This isn’t overtime pay – it’s a premium wage payment on top of your regular wages.

Here’s what this means in real dollars:

  • If you earn $18/hour and your employer violates meal breaks 5 days a week, that’s $90 per week in premium wages
  • Over a year, that’s $4,680 in meal break premiums alone
  • If you also experienced rest break violations each day, you could be owed double these amounts

Although an attorney, including those at our firm, cannot guarantee an amount you could recover, these amounts are illustrative of the potential money you could be owed. For workers facing systemic, recurring violations, they could be able to recover thousands of dollars.

How to Recognize If You Have a Valid Claim

Ask yourself these questions about your workplace:

  1. Timing: Do you regularly receive your meal break after working more than 5 hours?
  2. Interruptions: Are you interrupted during your breaks to help customers or handle work tasks?
  3. Duration: Are your meal breaks consistently shorter than 30 minutes?
  4. Pressure: Do you shorten or forego your break because your boss discourages you from taking breaks or makes you feel guilty for taking your full break time?
  5. Coverage: Does your employer fail to provide adequate staffing to cover your position during breaks?

If you answered “yes” to any of these questions, you may have a valid meal break violation claim.

Remember: Retaliation Is Illegal

Many workers may worry about complaining because they fear losing their job. California law, however, specifically prohibits employers from retaliating against workers who assert their meal break rights. If your employer fires, demotes, or otherwise punishes you for asking for proper meal breaks or paying the appropriate break premium, you may be entitled to additional money, reinstatement and back pay.

You Don’t Have to Handle This Alone

If you believe your right to meal breaks is being violated, consider contacting an employment attorney.