Meal & Rest Breaks
Missed, shortened, or interrupted duty-free breaks triggering premium pay.
In plain terms
Most non-exempt workers must receive duty-free meal and rest breaks under California regulations; when employers miss those rules, workers may be owed premium pay. Employers sometimes defend with waivers or on-duty meal periods, but those defenses only work when the law’s strict requirements are met. Timekeeping that always rounds against employees or ignores short breaks can also fuel these claims.
Legal authority
California’s meal-break rules turn on whether you were truly off duty. The California Supreme Court held in Brinker Restaurant Corp. v. Superior Court () 53 Cal.4th 1004, 1034 that an employer must relieve the employee of all duty for the meal period, but need not ensure that the employee does no work during that time. In practice, that means employers cannot schedule you through lunch, require you to stay at a desk or register, or interrupt your break for work tasks—and then claim the break was “offered.”
“[A]n employer must relieve the employee of all duty for the designated period, but need not ensure that the employee does no work.” (Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1034)
When a compliant meal period is not provided, California wage orders require a premium payment. IWC Wage Order No. 7 (Mercantile Industry), paragraph 11, subdivision (D)—mirrored in California’s other industry wage orders—states:
“If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the meal period is not provided.” (IWC Wage Order No. 7, § 11(D))
That one-hour premium is owed for each workday a required meal break is not provided. Similar premium rules apply when required rest breaks are denied.
Related: Wage & Hour · Unpaid Overtime · Wage & Hour Calculator