Most employees in California recognize that they have rights irrespective of who they work for, such as the right to fair pay, the ability to work in a safe work environment, and protection against discrimination and harassment. But they may not realize they are also entitled to a 30-minute uninterrupted and duty-free lunch break. That’s according to California Labor Code Section 512, a law that requires employers to provide employees working more than five hours with an uninterrupted lunch break that they can take on or off work premises. And it does not end there.

The law also requires employers to provide a second 30-minute uninterrupted and duty-free lunch break to employees who work 10 hours in a given shift and a third break if they work 15 or more hours. Most employers in California comply with California labor laws related to meal breaks, but some do not.

What Happens if an Employee Refuses to Take a Lunch Break?

Under California law, employees can refuse a lunch break without consequence. However, employers must offer one if employees work at least five hours. They must also adhere to the following:

• Allow employees a reasonable opportunity to take an uninterrupted, 30-minute break
• Not attempt to discourage or impede employees from taking their allowed lunch break
• Relieve employees of work-related duties while they are on a lunch break

California labor laws that govern employee lunch breaks pertain to most nonexempt employees. These are employees eligible to receive overtime pay at 1.5 times their regular rate when they work more than 40 hours per week. There are exceptions for exempt employees and employees who work in specific industries. Exempt employees, while still entitled to lunch breaks, are not entitled to the same mandatory, uninterrupted breaks as their nonexempt counterparts. The same applies to employees working in industries that allow exceptions or modifications to the standard lunch break rule under California Labor Code Section 512. Some of these industries include the following:

• Commercial driving
• Construction, drilling, logging, and mining industries
• The domestic industry
• Farming
• Healthcare
• Public utility
• Security
• Unionized employees

What Happens if a California Employer Fails to Provide an Employee with a Lunch Break?

Under California law, employers who fail to provide an employee with a lunch break must compensate that employee with an additional hour of pay at the employee’s regular pay rate for each missed lunch break. To receive compensation, employees must file a California Labor Board complaint.

Is There a Statute of Limitations for Filing a California Labor Board Complaint?

Lunch break violations in California are subject to strict filing deadlines. Under California Labor Code section 226.7, established by the California Supreme Court in the landmark case of Murphy v. Cole, the statute of limitations for a California Labor Board complaint for a lunch break violation is three years.

Can Employers Retaliate Against Employees Who File a Lunch Break Violation with the California Labor Board?

Under California law, employees can file a lunch break violation without fearing retaliation. Examples of employer retaliation that can arise from an employee filing a lunch break violation complaint with the California Labor Board include the following:

• Demotion
• Harassment
• Reduction in pay or hours
• Termination
• Threats
• Unfavorable work assignments
• Unjustified negative performance reviews

Under Senate Bill (SB) 497, California employers who retaliate against employees for filing a lunch break violation are subject to a $10,000 civil penalty per violation. Bearing that in mind, if a California employer has, at any time, not provided you with a lunch break after a shift lasting five or more hours, you’re encouraged to discuss your rights with a labor attorney today.