California Labor Code 512 – Meal Break Law

California Labor Code 512 requires employers to give non-exempt employees unpaid lunch breaks. The lunch break must be uninterrupted and at least thirty minutes. The lunch break must be given to employees who work between five and six hours.

Violation of California Labor Code 512, Example

Paul was recently hired to work in a law office in San Diego, California. As a legal writer and analyst, Paul works six hours daily, five days a week, for 30 hours.

Under California’s Labor Code 512, Paul should receive one meal break daily, lasting 30 minutes. However, after two weeks of work, Paul realizes his employer has not given him meal breaks. Paul is a hard worker and typically eats a quick snack at his desk mid-way through his shift, so he is not too upset about the firm’s oversight. However, he notices that the other legal writers, who have been at the firm longer than him, have been given their meal breaks.

On Friday, Paul meets with his supervisor Gary, one of the firm’s partners. Paul tells Gary that he believes the firm should provide him with meal breaks, and Gary agrees. However, Paul decides not to ask for reparations regarding his missed breaks, and Gary assures him that on Monday, Paul can take one meal break per day. Gary says not to worry and that this change will reflect in Paul’s paycheck next week.

On Monday, Paul brings a delicious lunch, and at noon, he heads to the firm’s kitchen to enjoy his turkey sandwich, banana, and fruit salad. However, Gary finds Paul there, asks him to eat at his desk, and continues working through his meal break. When Paul protests, Gary explains that the firm is too busy to have its workers taking aimless breaks where they “do not accomplish anything.” Paul returns to his desk and works on his writing tasks while eating, but something doesn’t feel right.

The next day, Paul decides that enough is enough. He contacts an experienced employment attorney for a consultation. The attorney assures Paul that he is correct in his suspicions. The attorney tells Paul that Gary and the firm are taking advantage of him and that the firm is in violation of California law.

With his attorney, Paul decides to file a wage claim and sue the law firm for violating his rights to non-working meal breaks. The legal action goes well, and soon Paul collects the appropriate damages, and the firm changes its policies. Finally, however, Paul decides to leave the firm since he does not feel he can trust Gary anymore.

California’s Labor Code 512 instructs employers to provide employees with specific meal breaks. These include:

Employees who work over five hours in a single day receive a meal break of 30 minutes.
When an employee works for over 10 hours in a single day, they receive two meal breaks of 30 minutes or more time in some situations.

Bosses cannot ask employees to work while taking their rest or meal breaks. These breaks must be uninterrupted.

Employers also cannot discourage workers from taking their meal breaks. However, workers and their bosses can decide together to give up the rest break if the employee works for less than six hours.

These fundamental rules can fluctuate depending on the type of job and industry. Additionally, Labor Code 512 does not apply to certain positions that involve collective bargaining agreements. These positions include:

Security guards
Construction workers
Gas corporation workers
Wholesale bakers
Workers in the motion picture industry
Drivers of commercial vehicles
Electric corporation workers
Electric utility provider workers (local and publicly owned)

For these employees to be considered exempt from California Labor Code 512, their collective bargaining agreements must contain specific elements. Also, the hours these employees work may have specific elements that create an exception to Labor Code 512.

For example, these workers often receive meal and rest breaks, but the breaks are not based on the same time sequences.

However, workers who fit into the above categories must pay attention to the breaks their supervisors and managers provide them with. Workers should contact a professional business attorney if a supervisor or manager is not providing their employees with suitable rest breaks.

Many workers are unsure if the rules of Labor Code 512 apply to their careers in California. In addition, since Code 512 is a relatively recent state statute, employees often are unsure if the statute applies to them. An experienced business lawyer can answer all these questions and help employees ensure they receive the rest and meal breaks they deserve under California law.

Do not let employers violate workers’ rest and meal break rights. Instead, contact a qualified attorney to learn more about California’s Labor Code 512.

Are Thirty-Minute Meal Breaks Paid in California?

Employers typically do not pay employees for their meal and rest breaks in California. However, there are exceptions to this rule that employers must be cognizant of.

During a worker’s meal break, their boss cannot request that they complete any work. Therefore, during the worker’s time off, they can do as they like and go where they choose.

If an employer requests that their employees continue to work during their meal breaks, the worker is still considered “on duty,” and therefore, their boss must pay them.

There are times when the amount of work or the type of work creates a situation when an employer may ask the employee to continue working on their meal breaks. However, the employee must agree to this scheduling change and be “OK” with it. The agreement must also be in writing.

Also, if the employer proposes that employees work during their breaks, the workers can refuse this request.

Sometimes, employees want to work for a set of hours without stopping. Employees desire this for a variety of reasons. Some workers, for example, focus more effectively when they do not take breaks. Other employees enjoy working for a set of straight hours.

Whatever the reason, if an employee’s workday is, on average, six hours or less, they can forego their rest break. However, the worker and their boss have to agree on this schedule. For example, if employees work five hours per day, they can agree with their employer to waive their meal break.

Additionally, workers can waive one of their meal breaks when they have a shift between 10-12 hours. Normally, workers who work 10-12 hours a day are afforded two 30-minute meal breaks by their employers. Again, both parties must create and accept the terms of this agreement. However, when employees work 10-12 hours a day, they must take one 30-minute meal break.

Can I Sue My Employer For Not Giving Me Breaks in California?

When an employer refuses to provide their employees with meal breaks, the workers may be entitled to collect damages. California’s Labor Code 512 ensures that bosses provide their workers with the appropriate meal and rest breaks, and these rights must be fulfilled and enforced.

If employees notice that their employer is not providing them with meal and rest breaks, they have up to three years to file a claim for the missing wages. If this occurs, here are the steps workers can take to regain what they are owed. Employees can:

Request that their employer pays them for the breaks the employee was denied
File a wage claim
Contact an experienced attorney regarding filing a lawsuit against the employer

Where Do I Report a California Labor Law Violation?

When a California employer refuses to give workers their rightful rest breaks, Nakase Wade can help. Our experienced legal team has helped many workers deal with employers who refuse to provide them with proper meal breaks.

When employers refuse to comply with California Labor Code 512, they effectively refuse their workers their rights. Unless workers are considered exempt, their employers should provide them with rest and meal breaks during their work days. However, some employers attempt to take advantage of the situation and deny employees their rights.

At Nakase Wade, we offer free consultations, and we can help workers approach their employers about the oversight, file a wage claim, and more. Our experienced lawyers and attorneys are confident we can help individuals collect the damages they are owed, so contact us today and let’s get started.

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