The number of breaks you’re legally owed at work in California depends on the number of hours worked. Typically, you are allowed anywhere between one and three short breaks and an unpaid lunch break.
In this article, we’ll explain how many breaks you’re legally entitled to and what to do if you aren’t getting them. A Los Angeles employment lawyer can help if you believe you are being treated unlawfully at work.
How Many Breaks Are You Legally Owed at Work in California?
The number of breaks you are legally owed at work in California depends on the number of hours worked during your shift. In California, employer responsibilities include giving reasonable breaks to employees throughout the day.
These breaks include:
- A paid ten-minute rest break for every four hours you work. So, if you have an eight-hour shift, then you would get two paid ten-minute breaks.
- An unpaid meal break of at least 30 minutes.
- An additional unpaid 30-minute meal break if you work over 12 hours.
- For breastfeeding workers, there are also regulations allowing workers to take time to express milk.
If your shift is under four hours, then you are not legally entitled to any breaks. Additionally, if you are a farm or domestic worker, then you have a different break entitlement.
What Is Considered Working During a Rest Break?
Because rest and meal breaks should be used by employees to rest or eat their meals, there are rules governing them. These include not doing any work, including being on call or taking a call.
Is a Delayed Break the Same as Not Getting a Break?
Not always. Employers are allowed to reasonably delay a break. However, they must provide a meal break after no more than a five-hour period. Rest breaks should be given in the middle of the work shift, or as close to that as possible.
What if Your Break Is Shortened?
If you are given a break, but it is interrupted or shortened, your employer is still violating their responsibilities.
Are You Free to Go Off-Site During Breaks?
Yes, employers cannot mandate that you stay on-site during breaks or meals. If they do mandate on-site breaks, it is in violation of California’s labor laws.
What Happens if You Are Not Given Your Breaks at Work?
If you are not given your legal rest and meal breaks, it is considered wage theft. If found to have violated their responsibilities, your employer is required to pay you one hour’s worth of pay for every day that you did not receive your rest break(s) and one hour’s worth of pay for every day that you did not receive a meal break.
To recover this, you generally must file a wage claim against your employer.
What Is a Wage Claim?
A wage claim is a formal claim made to the California Labor Commissioner’s Office. By submitting the claim, you are starting the process to collect unpaid wages or benefits that you are owed.
Typically, if the claim is not settled, there will be a hearing where you present your case.
What Is the Deadline to Submit a Wage Claim?
The deadline for wage claims varies based on the claim, but for unpaid breaks, it is typically three years. This timeframe begins from the date of the violation. In this case, that would be your first missed break or meal.
How Can You Prove Your Claim?
Proving a wage theft claim can be complicated, especially if the employer does not admit to it. Your lawyer can help you gather evidence to support your claim.
Helpful evidence can include:
- Timesheets
- Paystubs
- Your employment offer
- Your personnel file
- Eyewitness statements, such as from coworkers who can corroborate that breaks are not given
- Surveillance footage, if you work in an area with cameras, may be able to show that you never took breaks
- Any communication that was sent regarding breaks, such as an email stating that breaks could not be taken
What if Breaks Aren’t Explicitly Forbidden?
In some cases, an employer may argue that you chose not to take a break. However, if you can show that workplace culture or communication from supervisors strongly frowned on or discouraged breaks, then you may still have a claim.
Always document any messages or communications that you feel create this culture. If messages are sent on apps, like Teams or Slack, take a screenshot in case they are later deleted.
(310) 526-8383How Can an Employment Lawyer in Los Angeles Help With Your Case?
Having an attorney on your side can relieve the stress and confusion of trying to recover the wages you’re owed.
Our legal team will:
- Help document the wage theft
- File your claim to ensure it is accurate and complete
- Represent you at a wage claim hearing, when necessary
- Negotiate for the full amount that you are owed
Your lawyer will answer any questions you have throughout the process and ensure you feel confident in your next steps.
Contact a Los Angeles Employment Lawyer
How many breaks are you legally owed at work in California? Depending on your hours, you may be owed as many as three short breaks and two meal breaks. A Los Angeles employment lawyer can help you determine whether your employer owes you wages for missed breaks.
At Omega Law Group, we fight for employees. Our team works on a contingency fee basis, so there are no upfront costs to you. Contact us today to get started with a free consultation.
