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Meal & Rest Break

Employees have the right to uninterrupted meals and breaks, essential for health and productivity. Employers must provide them legally.

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What Are Meal & Rest Break Rights?

Meal Breaks

  • Typically 30 minutes, taken off-duty
  • Must be uninterrupted and free from work duties
  • Some states require a second meal break after a certain number of hours

Rest Breaks

  • Short, paid breaks (usually 10 minutes)
  • Must be provided at regular intervals
  • Cannot be combined, delayed, or skipped by employer convenience

Federal Law (FLSA)

The Fair Labor Standards Act (FLSA) does not require breaks, but:

  • If breaks are provided, short breaks must be paid
  • Meal breaks must be unpaid only if the employee is fully relieved of duties

This means on-call, interrupted, or working meal periods must be paid.

Common Meal & Rest Break Violations

  • Not providing required meal or rest breaks
  • Forcing employees to work during breaks
  • Interrupting breaks with calls, emails, or tasks
  • Requiring employees to stay “on call”
  • Shortening or delaying breaks
  • Skipping the second meal break
  • Failing to pay premium wages for missed breaks
  • Auto-deducting meal periods that were never taken
  • Retaliating when employees ask for breaks

Who Is Most Affected by Break Violations?

While any employee can be impacted, violations are especially common among:

  • Nurses and caregivers
  • Warehouse workers and drivers
  • Retail and grocery employees
  • Restaurant and fast-food staff
  • Hotel and hospitality workers
  • Call center representatives
  • Manufacturing and production workers

If your industry moves fast or is understaffed, you’re more likely to experience illegal break practices.

California Meal & Rest Break Laws

Meal Break Requirements

  • 30 minutes after 5 hours
  • Second meal break after 10 hours
  • Must be off-duty and uninterrupted

Rest Break Requirements

  • 10 minutes for every 4 hours (or major fraction)
  • Must be paid, uninterrupted, and taken as close to the middle of the shift as possible

Premium Wage

  • If an employer fails to provide a meal or rest break, the employee must receive: One additional hour of pay for each missed meal or rest break.

This adds up quickly and many employees are owed thousands of dollars without realizing it.

When You Should Contact a Lawyer?

You are constantly working through lunch

Your breaks are interrupted by managers or customers

You are discouraged from taking breaks

Your time records show breaks you didn’t take

You were never paid premium wages

Breaks are impossible due to staffing shortages

You're afraid of retaliation if you ask for breaks

Your Legal Rights as an Employee

  • Take uninterrupted meal breaks
  • Take paid rest breaks
  • Be paid premium wages if breaks are missed
  • Report violations without fear of retaliation
  • Review your time and payroll records
  • Speak with an attorney confidentially
  • Recover compensation for every break you were illegally denied

Employers cannot punish, demote, cut your hours, or fire you for requesting the breaks you are legally owed.

What Compensation You May Recover?

  • Premium pay for missed meal/rest break
  • Unpaid wages
  • Interest
  • Attorneys’ fees (in many cases)
  • Waiting time penalties
  • Additional damages if retaliation occurred

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Frequently Asked Questions

Do I get paid for rest breaks?

Yes. Rest breaks are typically paid in most states, including California.

If you felt pressured, understaffed, or too busy, the law often still counts it as a missed break.

No. Retaliation is illegal under state and federal laws.

Varies by state, but typically 2–4 years. California allows up to 4 years under certain claims.

Yes, interrupted, late, or shortened breaks may qualify.

Speak With an Employment Lawyer Today

If you’ve been treated unfairly at work, don’t wait. Contact Apollo Law Group for a free consultation and let us fight for your rights.

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