California Lunch Break Law Labor Code 512

California employees must be given a uninterrupted meal or lunch break for a minimum of 30 minutes for shifts longer than five hours.

By Brad Nakase, Attorney

Email  |  Call (800) 484-4610

What is the law for breaks and lunches in California?

If you work over 5 hours in a day, you are entitled to an interrupted lunch break of at least 30 minutes that must start before the end of the fifth hour of work. California Labor Code Section 512 establishes the employee meal break law in California. According to this law, non-exempt employees who work for more than five hours in a workday are entitled to an unpaid meal break of at least 30 minutes. If the employee works for more than ten hours in a workday, they are entitled to a second unpaid meal break of at least 30 minutes. If your company is facing a meal break claim, please contact our meal and lunch break attorney for employers.

There are specific requirements for the timing of these meal breaks. The first meal period must be provided no later than the end of the employee’s fifth hour of work. The second meal period, for those working over ten hours, should be provided at the end of the employee’s tenth hour of work and no later.

However, there are certain exemptions and exceptions to California Labor Code Section 512. The following categories of workers may not be covered by the law or may have different meal break requirements:

  1. Employees in the construction industry: Construction workers are generally exempt from the specific meal break requirements of Section 512 if they fall under a collective bargaining agreement that provides for meal periods and other requirements.
  1. Employees in the motion picture industry: Certain workers in the motion picture industry, including actors, stunt performers, and other production personnel, may have different meal break rules based on industry-specific union agreements or waivers approved by the Division of Labor Standards Enforcement.
  1. Employees in the healthcare industry: Employees in the healthcare industry, such as nurses, may have different meal break rules if they fall under a collective bargaining agreement that provides for meal periods and other requirements.
  1. Employees in the broadcasting industry: Broadcasting industry employees who fall under a collective bargaining agreement that provides for meal periods and other requirements may have different meal break rules.

While these exemptions exist, employers are still required to provide reasonable meal periods to their employees, even if not explicitly covered by Section 512. Employers in California should familiarize themselves with the specific regulations and consult an employment attorney to ensure compliance with applicable labor laws.

Does an employer have to compensate meal breaks?

In California, employers are generally not required to compensate employees for meal breaks, as long as certain conditions are met. According to California Labor Code Section 512 and relevant court interpretations, an employer does not have to pay for meal breaks if the following criteria are satisfied:

  1. Employee Relief: During the meal break, the employee must be completely relieved of all job duties and responsibilities. This means the employee should be free to leave the work area and use the time for their own purposes.
  1. Off-Duty Status: The employee must be given an uninterrupted, duty-free period for at least 30 minutes (for a meal break) or 10 minutes (for a rest break). This time should be uninterrupted by work-related tasks or obligations.

However, if an employer does not provide an uninterrupted meal break where the employee is relieved of all duties, the meal break is considered an “on-duty” meal break. In such cases, the employer is required to pay the employee for the time spent on the meal break, and it is treated as paid work time.

On-duty meal breaks occur when:

  1. The employee is not fully relieved of all job duties during the break.
  2. The employee is required to perform work-related tasks or be available for work duties while on the meal break.
  3. The employee’s meal break is significantly interrupted or disrupted by work-related activities.

If any of these conditions are met, the employee must be paid for the duration of the on-duty meal break, as it is considered time worked.

Nakase Wade’s small business attorneys in San Diego advise that employers must ensure that employees are provided with adequate, uninterrupted meal breaks where they are relieved of all duties. If an employer fails to meet these requirements or pressures employees to work during meal breaks, they may be in violation of California labor laws, and employees may be entitled to compensation for on-duty meal breaks.

Can a California employee give up their meal break?

Under California law, an employee cannot simply choose to forgo their meal break. California labor laws require employers to provide employees with a meal break of at least 30 minutes for shifts longer than five hours. The purpose of this requirement is to ensure that employees have an opportunity to take a break from work and have a meal.

However, there is an exception known as a “waiver” or “on-duty meal period agreement” that allows for a meal break to be waived under specific circumstances. This exception applies only if all of the following conditions are met:

  1. The nature of the work prevents the employee from being relieved of all duties.
  2. The employee and employer agree in writing to waive the meal break.
  3. The agreement is voluntarily entered into by both parties.

Even with a valid waiver, the employee is still entitled to compensation for the waived meal break time, as it is considered time worked.

Employers should not coerce or pressure employees into waiving their meal breaks, and employees should never be forced to work through their meal breaks against their will. Employees should have a genuine opportunity to take a meal break unless they mutually agree with their employer to waive the break and receive appropriate compensation.

Can you file a wage claim if denied a meal break?

In California, employees have the right to file a wage claim with the California Labor Commissioner if they have been denied a legally required meal break or if their meal break rights have been violated. If an employer fails to provide employees with proper meal breaks, the employee may file a claim to seek compensation for the missed meal breaks.

To file a wage claim in California, the employee should follow these general steps:

  1. Gather Documentation: Collect any relevant evidence, such as timesheets, work schedules, or other records that demonstrate the denial or violation of meal breaks.
  1. File a Report With the DLSE: The employee should fill out a DLSE report, which is available on the website of the California Department of Industrial Relations, Division of Labor Standards Enforcement (DLSE). This form initiates the wage claim process.
  1. Submit the Wage Claim: The completed form should be submitted to the local office of the DLSE. The form can be submitted in person, by mail, or online, depending on the specific instructions provided by the DLSE office.
  1. DLSE Investigation: The DLSE will review the claim and investigate the allegations. This may involve gathering additional information from the employer and the employee.
  1. Resolution or Hearing: Depending on the circumstances and the outcome of the investigation, the DLSE may attempt to resolve the claim through mediation or negotiation. If a resolution cannot be reached, the DLSE may schedule a hearing to adjudicate the claim.

It should be noted that the wage claim process may vary depending on the specific circumstances and the complexity of the case. Employees may also choose to consult an employment attorney or seek legal advice to ensure their rights are protected throughout the process.

Do employment lawyers represent meal break claims?

An employment lawyer can be instrumental in assisting employees who have been denied meal breaks or made to work during meal breaks. An experienced attorney can evaluate the specific circumstances of the case and determine if the employer’s actions violate California labor laws. They will consider factors such as the nature of the work, the employer’s obligations, and the employee’s rights.

Employment lawyers have a deep understanding of California labor laws, including the specific provisions related to meal breaks. They can explain these laws to the employee, ensuring they understand their rights and the obligations of the employer. They can also help gather and preserve relevant evidence, such as timesheets, work schedules, emails, or witness statements, to support the employee’s claims. This evidence can be crucial in demonstrating the employer’s violation of meal break laws.

A lawyer can engage in negotiations with the employer or their legal representatives to seek a fair settlement for the employee. They can advocate for the employee’s rights and work towards obtaining compensation for the missed meal breaks. If necessary, an employment lawyer can assist the employee in filing a wage claim with the appropriate labor agency, such as the DLSE, or file a lawsuit in court. They can handle the legal procedures, documentation, and represent the employee’s interests throughout the process.

Throughout the case, an employment lawyer can provide guidance and legal advice, helping the employee make informed decisions about their options and the best course of action to protect their rights. By engaging an employment lawyer, employees can benefit from their expertise, experience, and advocacy, which can significantly strengthen their position when seeking compensation and asserting their rights related to denied meal breaks or work during meal breaks.

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment

Most recent blogs:

California Labor Code 2699 Reform- What Employers Should Know About the 2024 PAGA Amendments

California Labor Code 2699 Reform: What Employers Should Know About the 2024 PAGA Amendments

California’s 2024 PAGA amendments change employer obligations, lower penalties, and set faster resolution methods for labor disputes. Companies should check compliance policies, wage practices, and training to prevent costly Private Attorneys General Act claims.
California Termination Laws Final Pay- What Employees Should Know About Last Paychecks and Penalties

California Termination Laws Final Pay: What Employees Should Know About Last Paychecks and Penalties

California employees are entitled to timely final paychecks after quitting or termination, with strict rules based on job type. Employers risk daily penalties up to 30 days if they delay owed wages or ignore payment regulations.
California Workplace Violence Prevention Plan- Employer Responsibilities

California Workplace Violence Prevention Plan: Employer Responsibilities

California employers must establish a Workplace Violence Prevention Plan by July 1, 2024, under Senate Bill 553 requirements. This plan includes risk assessments, employee training, incident reporting, crisis response, and recordkeeping to promote workplace safety.
Is It Illegal to Discuss Wages at Work What Employers and Employees Should Know

Is It Illegal to Discuss Wages at Work? What Employers and Employees Should Know

Employees have the legal right to discuss wages at work, even if company policies say otherwise. Employers can support fair pay and open communication to help maintain trust and reduce workplace conflicts.
How Long to Keep Pay Stubs and Payroll Records- IRS, FLSA, and Legal Rules Business Owners Should Know

How Long to Keep Pay Stubs and Payroll Records: IRS, FLSA, and Legal Rules Business Owners Should Know

Keep payroll records and pay stubs organized to meet IRS, FLSA, and legal requirements for audits, claims, or disputes. Storing records digitally reduces space use and keeps documents available beyond the required minimum retention periods.
California Mileage Rate 2025 IRS Figure, Reimbursement Policy, and Employer Instructions

California Mileage Rate 2025: IRS Figure, Reimbursement Policy, and Employer Instructions

California’s mileage reimbursement rate in 2025 is 70 cents per business mile, covering fuel, maintenance, insurance, and depreciation. Employers must ensure reimbursement complies with Labor Code Section 2802 and requires accurate mileage records from employees.
California Labor Code Section 2802- Employer Reimbursement Rules for Work Expenses

California Labor Code Section 2802: Employer Reimbursement Rules for Work Expenses

California employers must reimburse workers for necessary expenses like phones, internet, mileage, and home office equipment. Employees can recover unpaid reimbursements through Labor Commissioner claims or class action lawsuits against violating employers.
Double Time California- When Employers Are Required to Pay Twice the Regular Hourly Rate and How It Is Calculated

Double Time California: When Employers Are Required to Pay Twice the Regular Hourly Rate and How It Is Calculated

California employers must pay double-time wages in situations like 12-hour shifts or working seven days without a break. This article covers who qualifies, common payroll mistakes, and how double-time compensation should be figured under California law.
Tip Pooling Rules in Every State- What Restaurant Owners Must Know

Tip Pooling Rules in Every State: What Restaurant Owners Must Know

Tip pooling laws vary by state, affecting how restaurants manage tips and comply with federal and local wage rules. Restaurant owners are required to follow guidelines to avoid fines, lawsuits, and disputes over tip distribution and service charges.
How Long Does an Employer Have to Pay You After Payday in California- Legal Timeframes, Rules, and Consequences

How Long Does an Employer Have to Pay You After Payday in California: Legal Timeframes, Rules, and Consequences

Employers in California must pay wages on time or face fines, including back pay and waiting time penalties for delayed checks. Employees may pursue compensation for late or missing pay through legal claims tied to payroll violations under state labor law.
CA Exempt Employee Classification- Definitions, Exemptions, and Legal Exposure for Employers

CA Exempt Employee Classification: Definitions, Exemptions, and Legal Exposure for Employers

Employers risk lawsuits and large settlements when CA workers are misclassified under state exemption rules. Roles must be reviewed regularly to match duties.
How to Get a Job at 14- Simple Steps for Teens Who Want to Start Working

How to Get a Job at 14: Simple Steps for Teens Who Want to Start Working

Many teens can get jobs at 14 with the right documents, clear goals, and a simple but effective resume. This article explains rules, permits, applications, interviews, and ways to stay focused during your first job search.
How Many Hours Can a 17-Year-Old Work in California During School Labor Rules You Should Know

How Many Hours Can a 17-Year-Old Work in California During School? Labor Rules You Should Know

California limits how many hours 17-year-olds can work during school to protect their safety, education, and wages. Know the labor rules that apply to minors and what families should do if employers violate state employment laws.
AB 1228 Summary - California Fast Food Law on Wages, Council Authority, and Business Impact

AB 1228 Summary: California Fast Food Law on Wages, Council Authority, and Business Impact

California's AB 1228 law sets a $20 hourly wage for fast food workers and forms a state-level Fast Food Council. It changes employment rules, impacts exempt pay requirements, and raises business cost issues for restaurants and their customers.
Can a 13 Year Old Work - 14 Real Ways for Young Teens to Earn Money Safely

Can a 13 Year Old Work? 14 Real Ways for Young Teens to Earn Money Safely

A 13-year-old can safely earn money through creative, age-appropriate jobs like babysitting, pet care, or blogging. This guide lists 14 proven options that balance responsibility, fun, and parental supervision.
Severance Pay California - What It Includes and How to Change the Terms

Severance Pay California: What It Includes and How to Change the Terms

California severance pay is not legally required, but agreements often include pay, benefits, and legal waivers. Employees can negotiate terms, challenge clauses, and improve severance offers with legal or personal review.
Employment Litigation - Key Issues in Job Termination, Discrimination, and Harassment Cases

Employment Litigation: Key Issues in Job Termination, Discrimination, and Harassment Cases

Employees may sue for job termination, discrimination, or harassment when workplace actions violate federal or state employment rules. This article explains legal protections, common violations, and employee rights involved in workplace-related lawsuits.
Company Morale - 20 Practical Ways to Improve Workplace Culture and Engagement

Company Morale: 20 Practical Ways to Improve Workplace Culture and Engagement

Improve company morale with 20 practical tactics that strengthen workplace culture, boost motivation, and support everyday team interaction. Encourage positivity, increase retention, and support employee satisfaction through real-world practices designed for today's professional environment.
California Mileage Reimbursement 2025 - Rate Details, Methods, and Employer Duties

California Mileage Reimbursement 2025: Rate Details, Methods, and Employer Duties

California employers must reimburse staff for business-related vehicle use based on mileage rates or alternative approved methods. The 2025 policy outlines IRS rates, covered expenses, and mandatory employer responsibilities under California labor law.
Temporary Disability California - Workers’ Compensation Coverage, Benefit Limits, and Qualifying Conditions

Temporary Disability California: Workers’ Compensation Coverage, Benefit Limits, and Qualifying Conditions

Temporary disability in California pays part of your wages after a workplace injury confirmed by an approved medical provider. Eligibility, time limits, and payment amounts depend on work status, legal codes, employer options, and medical updates.
Legal Age to Work in 2025- Employment Limits for Minors

Legal Age to Work in 2025: Employment Limits for Minors

State and federal laws set age, hour, and job restrictions for minors working in 2025 to protect their safety. Review employment limits for children across all fifty states, including agricultural rules, certificates, and non-hazardous job requirements.
Abusive Conduct Under California Law- Definition, Workplace Examples, and Employer Obligations

Abusive Conduct Under California Law: Definition, Workplace Examples, and Employer Obligations

Abusive conduct in California workplaces includes bullying, hostile language, and exclusion that disrupts an employee's job performance. Employers must provide harassment prevention training and meet legal obligations under FEHA and Senate Bill No. 778.
Minimum Wage in San Diego 2025- Updated City and County Pay Rates for Employers

Minimum Wage in San Diego 2025: Updated City and County Pay Rates for Employers

Minimum wage in San Diego City is $17.25 per hour in 2025, while the county rate remains $16.50. Employers must comply with state, city, and county wage laws or face penalties for underpayment and related violations.
California Labor Law - 2025 Employer & Employee Guide to Wages, Breaks, Leave, and Rights

California Labor Law: 2025 Employer & Employee Guide to Wages, Breaks, Leave, and Rights

California’s 2025 labor laws address wages, breaks, overtime, workplace safety, discrimination, sick leave, and employee protections. This guide outlines rules on scheduling, payroll, final paychecks, paid sick time, and employment standards for minors.
California Final Paycheck Law - Payment Timelines, Legal Rules, and Employer Responsibilities

California Final Paycheck Law: Payment Timelines, Legal Rules, and Employer Responsibilities

California employers must follow exact final paycheck rules when employees quit or are fired, or risk paying penalty wages. The article covers payment timing, employer duties, and industry-specific exceptions including film, oil drilling, and agriculture.
Can You Work at 14 in California - Laws, Restrictions, and Permits for 14- and 15-Year-Olds

Can You Work at 14 in California? Laws, Restrictions, and Permits for 14- and 15-Year-Olds

Minors aged 14 can work in California, but strict federal and state labor laws limit hours, industries, and duties. Work permits are mandatory for 14- and 15-year-olds, and employment is subject to revocation if conditions are violated.
How Many Hours Is a 9-5 Job - Daily, Weekly, Monthly, and Yearly Breakdown

How Many Hours Is a 9-5 Job? Daily, Weekly, Monthly, and Yearly Breakdown

A 9–5 job typically means eight hours daily, totaling 40 hours weekly across five standard workdays. Monthly and yearly hours vary depending on vacations, with most averaging 160 monthly and 2,000 annually.
Exempt Employee California 2025 Rules, Salary Thresholds & Classification Tests Explained

Exempt Employee California: 2025 Rules, Salary Thresholds & Classification Tests Explained

California's 2025 exempt employee rules include new salary thresholds for fast food and healthcare workers under state wage laws. Detailed tests determine exemption status based on duties, salary structure, and consistent application of independent judgment.
Fair Chance Employers A 2025 Guide to Compliant and Inclusive Hiring Practices

Fair Chance Employers: A 2025 Guide to Compliant and Inclusive Hiring Practices

Fair chance hiring promotes compliance with evolving state and federal laws that support inclusive recruitment for applicants with records. Employers must assess convictions individually, follow proper procedures, and align background checks with job relevance and legal standards.
PAGA Claims in California How Workers Can File and What Penalties Employers Face

PAGA Claims in California: How Workers Can File and What Penalties Employers Face

Employees in California can file PAGA claims for labor violations and recover civil penalties on behalf of the state. Penalties vary by infraction, and employers may reduce liability if violations are corrected within the allowed timeframe.

Free Consultation