Are you being denied the meal breaks that you are entitled to receive under California labor laws? Skipping meals and shortening break periods are two ways that your place of employment can negatively impact your health and well-being on the job.
These actions are also violations of your workplace rights. Now, the confusion and stress that a position like this can make you feel might be overwhelming, but you don’t have to stand up to your employer all alone. Instead, let a meal break violation lawyer in Long Beach help you.
At Omega Law Group Accident & Injury Attorneys, our attorneys have decades of experience representing people who weren’t given all their meal breaks.
Founded in 2016, we’ve recovered millions of dollars in compensation. We’re here to support you as your Long Beach employment lawyer.
California Meal Break Requirements
California’s meal break laws are among the strongest in the nation. Under California labor laws, employees who work more than five hours in any given workday are entitled to an uninterrupted 30-minute meal break.
If the total shift is six hours or less, the employee and employer may mutually agree to waive the meal period. For employees who work more than 10 hours a day, a second 30-minute meal break must be provided.
If the total hours worked are no more than 12, the second meal break may be waived by mutual agreement, but only if the first meal break was taken. Here are examples of key features of these requirements:
- Uninterrupted time off duty: Meal breaks must relieve employees of all work-related duties.
- Timing of breaks: The first meal break must begin before the end of the fifth hour of work. The second meal break, if applicable, must begin before the end of the tenth hour.
- Unpaid time: Meal breaks are generally unpaid unless the employee is required to remain on duty.
- Duty–free requirement: Employers cannot require employees to remain “on-call” or available during meal breaks.
These rules are meant to ensure workers have genuine opportunities to rest, eat, and recharge without workplace interference.
Common Meal Break Violations in Long Beach
Despite clear legal standards, many employers fail to comply with the law. Violations often occur in industries where fast-paced schedules, high customer demand, or staffing shortages place pressure on workers to skip breaks.
These are examples of common violations:
- Failure to provide meal breaks: Employees working shifts over five hours may be forced to work through their breaks entirely.
- On–duty meal breaks: Workers are told to eat while remaining available for tasks, such as answering phones or monitoring equipment.
- Late meal breaks: Employers provide breaks after the fifth hour, which does not meet the legal requirement.
- Discouraging breaks: Management may create a workplace culture where employees feel pressured not to take breaks, even if they are technically allowed.
- Automatic time deductions: Some employers deduct 30 minutes from employee time records even when no break was actually taken.
- Failure to provide a second meal break: Employees working long shifts over 10 hours may be denied the second meal break they are entitled to.
These violations often go unnoticed or unchallenged for a number of reasons, namely because employees either fear retaliation or worry about losing their jobs. In many cases, people are not fully aware of their rights in the first place.
Industries in Long Beach Prone to Violations
The area is home to a wide array of industries, many of which are susceptible to meal break violations. These are examples of affected industries:
- Port and logistics work: As a major hub for shipping and trucking, workers in warehouses and distribution centers may be denied breaks to meet tight schedules.
- Healthcare: Nurses, aides, and technicians often work long shifts with understaffed teams, leaving little opportunity for meal breaks.
- Retail: Employees in large stores and shopping centers may be pressured to remain on the floor during busy hours instead of taking scheduled breaks.
- Food service and hospitality: Restaurant staff, hotel workers, and catering employees frequently face violations during peak service times.
- Construction and trade work: Jobsite demands may lead to skipped or late breaks, especially when working under strict deadlines.
Penalties for Meal Break Violations
Employers who fail to comply with meal break requirements can face serious legal and financial consequences. Under California law, employers must pay employees one additional hour of pay at their regular rate for each workday on which a meal break violation occurs.
Not only that, but they could also end up having to compensate the victim in a few other ways:
- Class action lawsuits: When violations affect multiple employees, claims may be pursued collectively, resulting in substantial settlements.
- Private Attorneys General Act (PAGA) penalties: Employees may bring claims on behalf of the state and other workers, leading to additional civil penalties.
- Waiting time penalties: If employers fail to pay owed wages, including meal break premiums, upon termination, employees may recover additional pay.
The financial liability for employers can be substantial, particularly when violations are widespread or long-standing.
Contact Our Long Beach Meal Break Violation Law Firm ASAP
If your employer has denied you legally mandated meal breaks, you don’t have to find your way through the aftermath of this experience all by yourself. Being the target of workplace rights violations can be stressful and confusing, but you don’t have to figure it out on your own.
Instead, reach out to Omega Law Group to speak with our Long Beach meal break violation attorneys. Our lawyers know how to advocate for the rights of people in your position, and we’re here to help you pursue fair compensation in your case.