California Rest Break Law 2025: Worker Rights, Violations, and Penalties

California Rest Break Law 2025 protects workers’ rights to duty-free meal and rest periods across all industries. Employers face penalties, premium pay, and legal actions for break violations under California Labor Codes 512 and 226.7.

By Brad Nakase, Attorney

Email | Call (800) 484-4610

Have a quick question? We answered nearly 2000 FAQs.

Table of Contents

1. Introduction

2. California Meal Break Regulations 2025

3. California Rest Break Law 2025

4. Typical Violations of California Rest Break Law 2025

5. Example: Workers at Warehouses Are Not Allowed Enough Rest

6. Can Workers Who Work From Home File a Claim for Break Violation?

7. California’s Wage Recovery and Break Premiums

8. How to Safeguard Your California Meal & Rest Break Privilege

9. FAQs

Introduction

California has some of the strictest labor regulations in the country. Mostly, when it comes to workers’ break rights. Employers are mandated by laws like Labor Code 512 & 226.7 to provide duty-free, punctual, and uninterrupted breaks for meals and rest.

Thousands of employees fail to receive these legally mandated food and rest breaks each year. The infractions are observed in various sectors (hospitality, retail, logistics, etc.).

Employers who violate the California Rest Break Law 2025 risk severe consequences. It may include waiting time fines, break premiums, and possible class action litigation.

This article will explain your rights and ways to hold your company responsible if you’re not getting the breaks you need.

California Meal Break Regulations 2025

Meal and Rest breaks rights are granted by the California Labor Code 512 to non-exempt workers.

With a work shift of more than five hours per day, workers are supposed to receive a meal break (thirty minutes duration and unpaid).
Another 30-minute food break should be offered when an employee works over 10 hours in a day.

Rest periods in between meals must be continuous, time-bound, and free of duty. That is, you cannot take calls, reply to messages, or stay “on-call.” For each infraction, employers are required to pay a full hour of premium pay if these breaks are not provided.

California Rest Break Law 2025

Additionally, California law mandates paid rest periods for non-exempt workers:

One paid ten-minute rest period, or a “major fraction,” should be taken for every four hours of work.
Midway through the workday, duty-free rests ought to be offered.

Your employer is breaking Labor Code 226.7 if they ask you to take care of phones, keep an eye on equipment, or stay at your desk during breaks. You can be eligible for a full hour of premium wages for each missed break.

Typical Violations of California Rest Break Law 2025

The California Labor Commissioner is enforcing break infractions more frequently. Typical instances consist of:

Paper-only intervals: Although they are included, employers actually discourage or reject them.
Interrupted breaks: During mealtimes or rest periods, managers give workers assignments or call them back.
Violations related to remote work: Employees must reply to emails, Zoom, or Slack during breaks.
Delayed breaks: Mealtimes can be extended over the 5-hour statutory limit (because of understaffing).

Sometimes several employees are impacted. These infractions, which frequently happen in a systematic manner, may provide grounds for wage disputes/class-action suits.

Example: Workers at Warehouses Are Not Allowed Enough Rest

In the latest 2024 case, Riverside County warehouse employees claimed that managers frequently refused breaks, citing understaffing and output targets. Although break hours were recorded by timecard software, personnel were expected to stay at their workstations and regularly complete duties during those recorded times.

The California Labor Commissioner ruled that the conduct was illegal under state law and ordered penalties, back pay, and the installation of an audit-safe scheduling system.

Can Workers Who Work From Home File a Claim for Break Violation?

Indeed. Whether you operate remotely, on-site, or in a mixed model, the California rest break law 2025 continues to apply. You are still eligible for a premium penalty even if you work from your house. Employers can break the rules by mandating that you reply to emails, Slack, Zoom, or other platforms during the allotted breaks.

Where the work is done is irrelevant. The most important thing is that your employer sets your break schedule.

California’s Wage Recovery and Break Premiums

You might be entitled to the following if your employer disobeys the California rest break law 2025:

Premium compensation of one hour per day for every meal break missed
Each missed rest period is worth a full hour of premium compensation each day.
Restitution for overtime that was not paid due to break breaches
Penalty for waiting time if your last salary was not received right away after you quit or were fired

In sectors like fast food, warehouses, phone centers, and delivery services, these sums can build up quite fast. Prompt action can always improve the chance of a full recovery and preserve evidence.

How to Safeguard Your California Meal & Rest Break Privilege

In the unlikely scenario that your rest or meal breaks are refused, do the following:

Document: You can use notes written out or time-stamped snapshots to maintain a comprehensive inventory of all the working hours. Also include the breaks that you might have skipped.
Preserve communications: Keep all communications (emails, texts). These highlight managers telling you to continue working during breaks.
Discuss the issue with your coworkers: Find out whether other individuals face the same violations. This would support a class-action lawsuit.
Speak with an employment lawyer/legal expert: An employment attorney in California has the expertise/knowledge to assist in filing a wage claim. They can determine the amount of break premiums you owe and defend you in court or in negotiations.

FAQs

What are the consequences of skipping my lunch and rest periods on the exact same day?

You can be eligible for two different premium payments, one hour of salary for each skipped break, if your employer does not offer the legally required meal and rest period on the same workday. In case of two infractions, it will be 2 hours of premium reimbursement.

If I choose not to take my food break, can I skip it?

You can skip (voluntarily) your first meal break in case your shift is not more than six hours. In case your shift is not more than 12 hours and you have already taken your first break, you may be exempted from the next break to have food. Waivers should be in writing and agreed upon. Please remember that your reporting boss/manager can’t force you to skip breaks.

Full-time employees & part-timers: Do they have the same rights regarding breaks?

Indeed. The California rest break law 2025 (part-time & full-time) applies to each non-exempt employee.

Can my employer combine my meal and rest time into one long break?

No. California rest break law 2025 does not permit employers to put meal and rest breaks together or on top of each other, raising them into one long break. Meal times and rest time should not be taken as substitutes for each other, but should be provided at different times and at appropriate times.

What is the time limit for submitting a claim for skipped breaks?

In most cases, three years after an infraction, you may make a pay claim for rest or food breaks, which you have missed. This would also vary in terms of timing in case of additional claims (retaliation and waiting time fines). To safeguard your rights/privileges and receive your due money, it’s best to consult a professional lawyer.

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment

Most recent blogs:

Is Holiday Pay Double Time? Rules, Calculations, and Eligibility

Holiday pay rules, double time vs time-and-a-half, eligibility, and calculations, including Massachusetts and Rhode Island requirements. Guidance for employers and HR on policies, paid holidays, overtime, hourly and salaried staff, and payroll timing.

How to Apply for Temporary Disability in California: Eligibility, Payments, and Filing Steps

California employees may qualify for temporary disability payments through SDI when a certified medical condition stops them from working. Check eligibility, typical benefit amounts for 2025, and filing steps with the EDD to submit a timely, complete claim.

How Much Does Disability Pay for Obesity? ADA Recognition, Legal Cases, and Employer Implications

Obesity as a disability: ADA recognition, benefit eligibility, and real legal outcomes. Guidance for employers on policies, accommodations, and risk.

California Right to Work: State Status and Union Rules

California lacks a right-to-work law, so private employers may require union membership or dues as hiring conditions. See California’s rules, failed initiatives, and how they differ from right-to-work states.

Paid Parental Leave California: 2025 Updates, Employer Rules, and Employee Benefits

California’s 2025 Paid Parental Leave updates increase wage replacement and flexibility for workers bonding with a child or caring for family. Employers gain clarity on obligations, benefit coordination, and compliance under the revised Paid Family Leave and Disability Insurance programs.

CA Sick Pay Law 2025: Employer Requirements & Employee Rights

California’s 2025 sick leave law mandates at least 40 hours or five days of paid leave for eligible employees. Get clear rules on accrual, usage, carryover, anti-retaliation protections, and notice requirements for employers statewide.

California Rest Break Law 2025: Worker Rights, Violations, and Penalties

CA Bereavement Leave 2025: AB 1949 Rules, Paid vs Unpaid Time, and Employer Compliance

California AB 1949 requires employers to provide up to five days of bereavement leave for eligible employees in 2025. It covers eligibility, paid versus unpaid time, documentation rules, employer obligations, and compliance risks for California businesses.

Pre-Employment Drug Test California: Laws, Requirements, and Employer Guidelines

California employers can require pre-employment drug testing under strict regulations, with exceptions for safety-sensitive roles and federal compliance. Workers have rights regarding confidentiality, fairness, and contesting results, and businesses must update policies for California’s new marijuana laws.

Does California Drug Test for Weed? AB 2188 Employment Rules

California AB 2188 limits employer drug testing for non-psychoactive marijuana use and permits impairment and active THC testing. Beginning January 2024, most employees gain workplace protections, though safety-sensitive and federally regulated positions remain exempt.

Make Up Time in California: Rules, Overtime Exceptions, and Employee Rights

Make-up time in California lets non-exempt employees offset missed hours without losing pay under defined legal rules. This guide covers overtime exceptions, employee rights, and employer duties for make-up time requests under state labor laws.

California Tipped Minimum Wage: 2025 Rates, Laws, and Employee Rights

California servers must receive the full state minimum wage of $16.50 per hour in 2025, plus any earned tips. Employers cannot take tips, pay below the minimum wage, or violate California Labor Code protections for tipped workers.

Regular Rate of Pay in California: Overtime, Meal and Rest Break Premiums, and Employer Compliance

California employers must calculate overtime, meal, and rest break premiums using the regular rate of pay, including bonuses and incentives. Miscalculating regular rates can result in lawsuits, penalties, and compliance risks, making accurate payroll practices vital for businesses across the state.

Overtime Tax Rate California: Overtime Pay and Taxes in 2025

Overtime pay in California is taxed like regular income, with brackets based on total annual earnings. For 2025–2028, a temporary deduction lets workers write off up to $12,500 ($25,000 joint) of qualifying overtime.

California Labor Code 5814: Penalties for Delayed or Unreasonable Workers’ Compensation Payments

California Labor Code 5814 outlines penalties for delayed workers’ compensation, protecting injured employees from financial hardship caused by late payments. Workers may claim up to 25 percent penalties for unreasonable delays, ensuring timely disability benefits, medical coverage, and settlement reimbursements.

California Labor Code 202: Final Paycheck Rules When Employees Quit

California Labor Code 202 requires employers to pay final wages on time when employees resign, with timing based on notice given. Workers may also claim unused vacation pay, request retirement fund deposits, or seek penalties for delayed payments.

California Labor Code 1174: Employer Timekeeping and Recordkeeping Requirements

California Labor Code 1174 outlines employer timekeeping and recordkeeping duties, allowing electronic or paper systems when records are indelible. Keep records in California, preserve them at least three years, and provide accessible copies to workers and authorities.

Labor Code 1194 California: Overtime and Minimum Wage Rights, and Remedies

California Labor Code 1194 protects workers seeking unpaid minimum wage and overtime, providing legal remedies, interest, and reasonable attorney’s fees. Employees can file lawsuits or arbitration claims to recover wages, enforce rights, and safeguard against unlawful employer practices in California.

California Labor Code Section 2810.3: Employer Liability for Labor Contractor Violations

California Labor Code Section 2810.3 makes client employers liable for labor contractor wage violations and missing workers’ compensation coverage. Reduce risk through careful vetting, clear contracts, payroll monitoring, and tight compliance with statutory duties and narrow exemptions.

California Labor Code 201: Final Paycheck Rules, Employee Rights, and Employer Obligations

California Labor Code 201 requires immediate final paychecks at discharge, covering unpaid wages, unused vacation, and earned bonuses. Employees may seek penalties and file claims if payment is delayed or withheld.

Labor Code 510: California Overtime Pay, Exceptions, and Calculations

California Labor Code 510 outlines overtime pay rules, exemptions, and calculation methods, protecting employees from unfair wage practices and misclassification. This guide explains daily and weekly overtime, special worker protections, and the legal steps available if overtime pay is denied.

Meal Premium California: Laws, Penalties, and Employer Compliance

California meal premium rules require employers to provide compliant breaks or face fines, lawsuits, and costly penalties. Use clear policies, precise tracking, and regular reviews to maintain compliance and avoid financial or reputational harm.

Employee Record Retention by State: Guide for Employers

State-by-state employee record retention guide covering payroll, unemployment insurance, workers’ compensation, child labor, discrimination, and access. Get clear timelines and required details for Alabama to Wyoming so employers meet audits, claims, and compliance duties.

How Much Notice Does an Employer Have to Give for a Schedule Change in California?

California employers must follow state and local rules on schedule changes, including notice periods, overtime, and reporting time pay. This guide explains meal breaks, overtime, predictable scheduling, local city ordinances, and penalties for violating California labor laws.

Employment Mediation: Process, Benefits, Preparation, and What to Expect

Employment mediation offers a faster, cost-effective alternative to litigation for resolving workplace disputes. Get the process, benefits, preparation steps, what to expect, possible outcomes, and mediator roles.

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

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’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 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 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.

See all blogs: Business | Corporate | Employment

California Rest Break Law 2025: Worker Rights, Violations, and Penalties

Introduction

California Meal Break Regulations 2025

California Rest Break Law 2025

Typical Violations of California Rest Break Law 2025

Example: Workers at Warehouses Are Not Allowed Enough Rest

Can Workers Who Work From Home File a Claim for Break Violation?

California’s Wage Recovery and Break Premiums

How to Safeguard Your California Meal & Rest Break Privilege

FAQs

Free Consultation