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:

What Is Fair Chance Hiring - Meaning, Benefits, and How It Works for Employers

What Is Fair Chance Hiring? Meaning, Benefits, and How It Works for Employers

Fair chance hiring gives candidates with criminal records fair consideration, helping employers access loyal, diverse, and skilled talent. It strengthens compliance, lowers turnover, and helps build high performance teams without compromising workplace safety.
California Labor Code Section 204 - Employee Rights When Employers Pay Late

California Labor Code Section 204: Employee Rights When Employers Pay Late

Late wage payments in California can trigger penalties under Labor Code Section 204, protecting employees from repeated payroll delays. Workers have legal options including waiting time penalties, wage claims, and attorney assistance to secure timely pay.
California Equal Pay Act - Differences from Federal Law, Employer Duties, and Employee Protections

California Equal Pay Act: Differences from Federal Law, Employer Duties, and Employee Protections

California’s Equal Pay Act expands protections beyond federal law, covering pay disparities by sex, race, and ethnicity. Employers must justify wage differences with valid factors; employees gain retaliation safeguards, filing options, and potential damages.
I-9 Compliance - Employer Rules, Penalties, and Best Practices

I-9 Compliance: Employer Rules, Penalties, and Best Practices

I-9 compliance helps employers verify work authorization, meet federal rules, and avoid costly fines, penalties, and legal issues. Use proper documentation, audits, E-Verify, and training to maintain compliance and reduce employment verification risks.
California Labor Code - Divisions, Laws, and Employee Rights Overview

California Labor Code: Divisions, Laws, and Employee Rights Overview

California Labor Code overview covering divisions, employee rights, workplace safety, workers’ compensation, and enforcement across key industries. Trace major milestones, landmark cases, and updates that shape employer obligations and protections for California workers today.
Are Non Solicitation Agreements Enforceable in California - Exceptions and Legal Insights

Are Non-Solicitation Agreements Enforceable in California? Exceptions and Legal Insights

Non-solicitation agreements in California are mostly unenforceable, except when tied to trade secrets, business sales, or partnership dissolutions. This article outlines key exceptions, legal challenges, and how courts determine when limited restrictions may stand under state law.
California Labor Code Section 226 - Wage Statement Requirements & Penalties

California Labor Code Section 226: Wage Statement Requirements & Penalties

California Labor Code Section 226 sets strict paystub requirements and exposes employers to lawsuits, PAGA penalties, and fees. Review wage statements for all nine items; third party payroll services do not shield companies from compliance mistakes.
Do You Have to Sign a Write Up at Work - Employee Rights and Employer Policies Explained

Do You Have to Sign a Write-Up at Work? Employee Rights and Employer Policies Explained

Employees often ask if they must sign a workplace write-up, and the answer depends on labor laws and company policies. This guide explains employee rights, employer practices, and options for responding when faced with disciplinary write-ups.
ABC Test California - AB 5 Exceptions, Borello Factors, and Worker Status

ABC Test California: AB 5 Exceptions, Borello Factors, and Worker Status

AB 5 reshaped California worker classification with the ABC test, Borello factors, and multiple exemptions impacting industries and licensed professionals. This guide covers independent contractor rules, key exceptions, and legal consequences for misclassification under California employment law.
How Long to Keep Employee Files - Record Retention Laws, Timelines, and Best Practices

How Long to Keep Employee Files: Record Retention Laws, Timelines, and Best Practices

Keep employee records compliant with federal and state retention laws to protect your business from fines, lawsuits, and compliance issues. Establish clear policies, digitize securely, and retain files for proper timelines to ensure efficiency, privacy, and legal protection.
Separation of Employment - State Notice Requirements, Termination Letters, and Compliance Guide

Separation of Employment: State Notice Requirements, Termination Letters, and Compliance Guide

State separation laws vary, requiring employers to issue termination notices on time to reduce penalties and compliance risk. This guide covers state notice requirements, termination letters, unemployment benefit notifications, and practical steps for multi-state compliance.
Labor Code Section 2810.5 - CA Hiring and Wage Notice Guide

Labor Code Section 2810.5: CA Hiring and Wage Notice Guide

California Labor Code Section 2810.5 outlines hiring and wage notice requirements employers must follow to avoid penalties and lawsuits. Employers must provide detailed written notices, comply with minimum wage laws, and use official forms to remain compliant.
California Sick Leave Law 2025 - Employee Rights, Accrual Rules, and Local Ordinances

California Sick Leave Law 2025: Employee Rights, Accrual Rules, and Local Ordinances

California Sick Leave Law 2025 explains employee rights, accrual rules, and employer duties for paid sick time in California. Local ordinances in Los Angeles, San Francisco, Oakland, Berkeley, and Santa Monica offer additional protections and higher sick leave caps.
What Is Comp Time at Work - Definition, Legal Rules, and How It Differs from Overtime

What is Comp Time at Work? Definition, Legal Rules, and How it Differs from Overtime

Comp time lets employers offer time off instead of overtime pay, but strict legal rules often limit its use. This guide explains comp time, how it differs from overtime, and the legal risks businesses must review.
California Vacation Law Update 2025 Changes to Paid Leave, PFL Use, and Workplace Policies

California Vacation Law Update 2025: Changes to Paid Leave, PFL Use, and Workplace Policies

California’s 2025 vacation law update adds new protections for employees, impacting paid leave, workplace meetings, and contractor agreements. Employers must adjust to expanded worker rights, anti-discrimination rules, and stricter compliance requirements taking effect January 1, 2025.
California Wage Statement Rules What Must Be Shown and What to Do If Your Pay Stub Has Errors

California Wage Statement Rules: What Must Be Shown and What to Do If Your Pay Stub Has Errors

California employers must provide accurate pay stubs detailing wages, deductions, hours, and other required information under state labor laws. Employees may seek penalties, back pay, and legal action if wage statements contain errors or missing details.
What Paid Holidays Are Mandatory in California Employer Requirements, Exemptions, and Federal Worker Pay Rules

What Paid Holidays Are Mandatory in California? Employer Requirements, Exemptions, and Federal Worker Pay Rules

California law does not require private employers to provide paid holidays, though many offer them voluntarily for employee satisfaction. Federal employees in California may receive holiday premium pay, depending on eligibility and agency rules.
California Employee Rights Workplace Discrimination, Wages, and Legal Protections

California Employee Rights: Workplace Discrimination, Wages, and Legal Protections

California employees have rights covering discrimination, wages, and workplace safety under state and federal laws. This guide outlines protections against unfair treatment, retaliation, and wage violations.
SB 616 Key Changes to California Paid Sick Leave Law Every Employer Should Know

SB 616: Key Changes to California Paid Sick Leave Law Every Employer Should Know

California’s SB 616 increases paid sick leave from 24 to 40 hours, requiring policy updates for statewide employer compliance. Employers must adjust accrual, carryover, and usage rules, update handbooks, train staff, and ensure payroll accuracy.
Onboarding Paperwork Checklist 10 Key Documents Every Employer Needs for New Hires

Onboarding Paperwork Checklist: 10 Key Documents Every Employer Needs for New Hires

Onboarding paperwork supports compliance, payroll accuracy, and smooth integration for new hires with important legal, tax, and organizational documents. This checklist outlines 10 vital records employers should provide to support efficiency, clarity, and a positive start for every employee.
Resentment Examples at Work 6 Ways Workplace Tension Takes Hold

Resentment Examples at Work: 5 Ways Workplace Tension Takes Hold

Workplace resentment can silently erode trust, collaboration, and morale, leading to lasting cultural damage if left unchecked. Recognizing resentment examples helps address unresolved conflict, burnout, and broken promises before they harm productivity and team relationships.
How Many Hours Can You Work at 15 State-by-State Guide to Teen Work Limits in the U.S.

How Many Hours Can You Work at 15? State-by-State Guide to Teen Work Limits in the U.S.

Teen work laws set limits on hours for 14- and 15-year-olds, varying by state and job type. Find out work restrictions, permitted jobs, and tips for landing your first position at 14 or 15 in the U.S.
CA Exempt Salary 2025 - Minimum Wage and Exemption Updates for California Employers

CA Exempt Salary 2025: Minimum Wage and Exemption Updates for California Employers

California's 2025 exempt salary threshold increases to $68,640 annually, with minimum wage rising to $16.50 statewide. New laws also impact sick leave, union exemptions, captive audience meetings, and driver’s license requirements for job postings.
How Long to Keep Payroll Records in California - Employer Rules for 2025

How Long to Keep Payroll Records in California: Employer Rules for 2025

Employers in California must retain payroll and personnel records for up to four years to remain compliant with 2025 regulations. Digital and physical storage methods, I-9 rules, and supervisor training responsibilities are also covered in the updated requirements.
California Fair Chance Act - Updates Employers Need to Know About Criminal History Rules

California Fair Chance Act: Updates Employers Need to Know About Criminal History Rules

Employers in California must follow stricter rules on criminal history checks under the updated Fair Chance Act from October 2023. New regulations expand definitions, require tailored evaluations, and mandate written notices before rejecting candidates due to conviction records.
Breaks in California - Detailed Guide to Rest and Meal Break Rules for Employers

Breaks in California: Detailed Guide to Rest and Meal Break Rules for Employers

California employers must follow detailed rules for rest and meal breaks, including timing, written waivers, and compensation requirements. Improper or missed breaks can result in legal action, wage penalties, and issues related to industry-specific labor standards.
California Labor Code 1198.5 - Employee Rights to Personnel Records and Employer Compliance Guide

California Labor Code 1198.5: Employee Rights to Personnel Records and Employer Compliance Guide

Employees in California can request access to personnel and payroll records under strict timelines defined by Labor Code 1198.5. Employers must comply with requests within 21 to 30 days or face penalties for noncompliance with record access laws.
Reporting Time Pay in California - Worker Rights, Employer Rules, and How to Calculate It

Reporting Time Pay in California: Worker Rights, Employer Rules, and How to Calculate It

California workers must be paid for reporting time if sent home early or given fewer hours than scheduled. This article covers when wages apply, what exceptions exist, and how employers calculate the correct amount under state law.
California Wrongful Termination Checklist - A Full Guide to Employee Rights and Legal Protections

California Wrongful Termination Checklist: A Full Guide to Employee Rights and Legal Protections

Fired in California for reporting misconduct, discrimination, or taking leave? This checklist breaks down employee rights and wrongful termination claims.
California Labor Code 203 - Employer Guide to Penalties, Defenses, and Compliance Measures

California Labor Code 203: Employer Guide to Penalties, Defenses, and Compliance Measures

California Labor Code 203 imposes steep penalties for late final pay, requiring strict employer compliance. This guide covers penalty triggers, common mistakes, defenses, and steps to prevent wage claim liability.

Free Consultation