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 Criminal Background Check 7-Year Rule - How It Affects Old Felony Records

California Criminal Background Check 7-Year Rule: How It Affects Old Felony Records

See how California's 7-year background check rule affects old felony records, employment chances, housing access, and licensing opportunities. Find legal options like expungement, certificates of rehabilitation, pardons, and Clean Slate reforms to limit long-term damage from past convictions.
How to Get Your Guard Card in California - Training, Steps, and Requirements

How to Get Your Guard Card in California: Training, Steps, and Requirements

Get your California guard card with step-by-step guidance on BSIS requirements, mandatory training hours, applications, and background checks. Stay updated on rule changes, online versus in-person courses, timelines, and qualifications for unarmed security guard positions.
Vacation Pay for Salaried Employees in California - Rights, Accrual Rules, and Payout Requirements

Vacation Pay for Salaried Employees in California: Rights, Accrual Rules, and Payout Requirements

Find out how California salaried employees accrue vacation pay, keep unused PTO, and claim payout when employment ends. See common employer tactics limiting vacation benefits, plus FAQs on sick leave, caps, holiday pay, and final paycheck rights.
California Salary Threshold 2026 - Minimum Wage Increase, Exempt Employee Rules, and Compliance Checklist

California Salary Threshold 2026: Minimum Wage Increase, Exempt Employee Rules, and Compliance Checklist

Stay on top of the California Salary Threshold 2026, the $16.90 minimum wage, and exempt employee pay rules. Use this practical checklist to update payroll, adjust classifications, refresh postings, and reduce wage-and-hour compliance risks in 2026.
How Long Do Employers Have to Keep W-2s - Record Retention Rules for Businesses

How Long Do Employers Have to Keep W-2s: Record Retention Rules for Businesses

Find out how long employers must keep W-2s and other tax records to stay compliant with IRS retention rules. Protect your business from penalties by organizing employment tax documents, payroll files, and historical returns for the recommended periods.
PAGA Notice Statute of Limitations - California Deadlines for Filing Claims

PAGA Notice Statute of Limitations: California Deadlines for Filing Claims

Get a concise overview of California PAGA notice statute of limitations, one-year filing deadlines, and Labor Agency review periods. See how late filing, defective notice, or ongoing wage violations can affect eligibility and outcomes for representative PAGA claims.
California Class Action Lawsuit Basics for Workers and Consumers

California Class Action Lawsuit Basics for Workers and Consumers

Get a clear overview of California class action lawsuits, including how they work for workers and consumers seeking compensation. Find out about typical case types, key legal requirements, settlement outcomes, and the benefits and risks of joining a class.
Meal Break Waiver in California - What Employees Can Agree To

Meal Break Waiver in California: What Employees Can Agree To

California meal break waiver rules explain when workers may skip lunch and when employers must provide uninterrupted, off-duty meal periods. See how waiver agreements, on-duty meals, and penalty pay work so employees protect rights and businesses follow California labor law.
Predictive Scheduling Laws - State and City Requirements for Employers

Predictive Scheduling Laws: State and City Requirements for Employers

Get an overview of U.S. predictive scheduling laws, including covered industries, key city and state rules, penalties, and employer obligations. See which jurisdictions require advance work schedules, how predictability pay works, and how HR software supports compliance with these regulations.
Harassment Training Requirements California - Employer Deadlines, Who Must Train, and Refresher Rules

Harassment Training Requirements California: Employer Deadlines, Who Must Train, and Refresher Rules

Get up-to-date California harassment training requirements for employers, including who must train, deadlines, and refresher timelines. Avoid common compliance mistakes by following California rules on sexual harassment training, protected classes, policy obligations, and required documentation.
Inside Sales Exemption California - Rules on Pay, Breaks, and Commissions

Inside Sales Exemption California: Rules on Pay, Breaks, and Commissions

Straightforward information on California's inside sales exemption, including rules on pay, overtime, breaks, commissions, and federal FLSA requirements. See how misclassification affects overtime, meal and rest breaks, back pay, and when to contact a California employment lawyer.
How Many Hours Can a Volunteer Work per Day in California - Laws, Limits, and Rights Explained

How Many Hours Can a Volunteer Work per Day in California? Laws, Limits, and Rights Explained

Find out how many hours volunteers can work per day in California under labor rules, protections, and scheduling limits. Compare volunteer and employee rights, including workers' compensation, harassment protections, discrimination safeguards, and key considerations for nonprofit and public organizations.
Show Up Pay California- Employee Rights for Being Sent Home Early or Given Short Shifts

Show Up Pay California: Employee Rights for Being Sent Home Early or Given Short Shifts

Show up pay California explains employee rights to reporting time pay when sent home early or given short shifts. Review rules, exceptions, examples, and options for unpaid wages or retaliation claims if your employer ignores California reporting time laws.
Can Managers Take Tips in California - Laws, Tip Pools & SB 648

Can Managers Take Tips in California? Laws, Tip Pools & SB 648

Can managers take tips in California, and what does Labor Code Section 351 say about tip pooling and supervisors? Find out how SB 648 strengthens enforcement against tip theft, helps workers recover withheld gratuities, and increases penalties for violations.
Can Owners Take Tips in California - A Complete Guide to State Tip Laws and Employee Rights

Can Owners Take Tips in California? A Complete Guide to State Tip Laws and Employee Rights

Find out when California business owners can share in tips, how tip pooling works, and minimum wage obligations. Get a breakdown of employee tip rights, illegal practices, service charges, penalties, and protection options for California workers.
Right to Disconnect Laws in California - AB 2751 for Employers and Employees

Right to Disconnect Laws in California: AB 2751 for Employers and Employees

See how California's AB 2751 right to disconnect bill could reshape after-hours communication between employers and employees. Review potential effects on work-life balance, stress, productivity, and compliance planning as organizations anticipate possible enforcement.
Defamation California - Key Laws, Legal Defenses, and Damages Explained

Defamation California: Key Laws, Legal Defenses, and Damages Explained

Get an overview of California defamation law, including libel, slander, negligence standards, and the difference between public and private figures. Review key defenses, retraction rules, and available damages such as actual, compensatory, punitive, and emotional distress awards.
What Is a Level 1 Background Check and How It Differs from Level 2

What Is a Level 1 Background Check and How It Differs from Level 2

See what a Level 1 background check covers and how it compares with a Level 2 screening for hiring. Get clear facts on definitions, state lookback limits, and how better screening supports safer workplaces and less fraud.
California Vacation Rollover Law - Employee Rights, Accrued Time, and Pay Rules

California Vacation Rollover Law: Employee Rights, Accrued Time, and Pay Rules

This article covers California vacation rollover rules, employee rights, accrued PTO, payout duties, and employer limits under state law. It explains how unused vacation counts as wages, when employers must pay it out, and options for unpaid wage claims.
SB 553 CA - New Workplace Violence Prevention Requirements for California Employers in 2025

SB 553 CA: New Workplace Violence Prevention Requirements for California Employers in 2025

Get a clear overview of California SB 553 workplace violence prevention rules and new obligations for employers starting in 2025. See what policies, training, recordkeeping, and enforcement changes SB 553 brings for injury prevention plans and compliance efforts.
Labor Code 226.7 - California Meal and Rest Break Requirements and Employer Penalties

Labor Code 226.7: California Meal and Rest Break Requirements and Employer Penalties

California Labor Code 226.7 explains meal and rest break rules for non-exempt employees and what employers must pay when breaks stop. See how missed breaks trigger premium pay, wage claims, penalties, and class actions for violations of California break requirements.
Building an Onboarding Packet That Welcomes and Retains Employees

Building an Onboarding Packet That Welcomes and Retains Employees

Create an onboarding packet that welcomes new hires, sets clear expectations, and supports lasting engagement and retention. Include culture details, training tools, policies, and thoughtful gifts to lower turnover and reduce hiring costs.
Complete Guide to New Employee Paperwork - Required Forms and Documents for 2025

Complete Guide to New Employee Paperwork: Required Forms and Documents for 2025

Make new employee paperwork for 2025 easier with a clear checklist of required hiring forms, documents, and compliance steps. Support HR and small business owners with practical tips for organizing onboarding packets, benefit elections, direct deposit, and policy acknowledgments.
Paid Time Off California - Laws, Accrual, Vacation Pay, and Employee Rights

Get clear guidance on paid time off in California, including PTO laws, sick leave rules, accrual, and vacation payout obligations. See how California PTO rules affect vacation requests, paid sick leave, layoffs, FTE status, cash-outs, and employee rights.
Can employers test for THC in California for hiring and workplace safety

Can employers test for THC in California for hiring and workplace safety?

See when California employers may test workers for THC under AB 2188 without violating state protections for off-duty cannabis use. Review allowed testing methods, safety-sensitive role policies, and steps to align workplace drug testing programs with current impairment standards.
California notice to employee as to change in relationship - Requirements, legal steps, penalties and sample notice

California notice to employee as to change in relationship: Requirements, legal steps, penalties, and sample notice

This article outlines California's notice rules for changes in employment status and the steps employers must follow. It also covers required details, timing, penalties, and includes a sample notice for practical use.
Bulletproof Documentation for Employee Records - Reduce Legal Risk and Stay Compliant

Bulletproof Documentation for Employee Records: Reduce Legal Risk and Stay Compliant

Keep employee documentation compliant and consistent to reduce legal risk and protect HR, managers, and staff. Use clear records, performance reviews, and PIPs to support decisions, track progress, and maintain workplace accountability.
Workplace Coaching - Benefits, Styles, and Methods to Improve Performance

Workplace Coaching: Benefits, Styles, and Methods to Improve Performance

Workplace coaching boosts employee performance, strengthens leadership, and encourages a culture of continuous growth within organizations. It refines communication, teamwork, and motivation while improving organizational effectiveness and satisfaction.
Essential Job Functions and the ADA - Insights from the Tenth Circuit Decision

Essential Job Functions and the ADA: Insights from the Tenth Circuit Decision

ADA case from the Tenth Circuit upholds employer-defined job duties when safety and security risks are significant. It clarifies accommodation limits and supports consistent qualification standards without lowering business requirements.
California Pay Transparency Law SB 1162 - Employer Rules, Compliance, and Penalties

California Pay Transparency Law SB 1162: Employer Rules, Compliance, and Penalties

California’s Pay Transparency Law SB 1162 requires employers to disclose pay ranges, maintain records, and submit annual wage reports. Non-compliance can result in financial penalties, lawsuits, and reputational damage for businesses across California.

Free Consultation