If your employer did not give you the legally required meal or rest breaks, you may be entitled to compensation. California labor laws protect workers by requiring these breaks during a typical workday. When employers fail to follow the law, workers have the right to file a claim, but only within a certain timeframe.
Knowing how long you have to take action and which violations qualify can help you protect your rights and recover the pay you are owed.
Meal break violations
Employees are entitled to a 30-minute, uninterrupted, duty-free meal break for every five hours worked. A second meal break is required if you work more than ten hours in a day, unless certain conditions allow it to be waived. If your employer required you to remain on site or perform any tasks during this time, the break was not legally valid and should have been paid.
When a valid meal break is not provided, your employer must pay you one extra hour of wages for that workday. To claim this payment, you must file a wage claim within three years from the date the break was missed.
Rest break violations
California law also requires a paid 10-minute rest break for every four hours worked, typically taken near the middle of your shift. If your shift is fewer than three and a half hours, a rest break may not be required.
If your employer fails to provide this break, you are entitled to one additional hour of pay at your regular rate for each day the violation occurs. You have three years from the date of the missed break to file a claim.
Break time for breastfeeding
Employers must provide reasonable break time and a private space for workers to express breast milk. This time may be unpaid if it does not overlap with another authorized break.
Failing to meet this requirement can lead to civil penalties. If you were denied proper accommodations, you can report the violation to the state labor agency.
Legal guidance can help you understand your rights and take timely steps to seek the compensation you may be owed.