California law gives you the right to take regular rest and meal breaks during the workday. Unfortunately, some employers cut corners or pressure workers to skip them. You may be clocking long shifts without a proper lunch break or being told to stay “on call” during rest periods. These are not just frustrating practices — they’re violations of labor law.
Since 2007, Moon Law Group, PC has focused solely on employment cases for workers across Los Angeles and throughout California. Many of these cases are legally complex and time-intensive, including wage and hour violations that affect large numbers of employees. As one of the largest plaintiff’s employment law firms in California, we have recovered millions of dollars in unpaid wages and penalties. Whether you’re dealing with a personal dispute or are part of a larger group, we have the resources and persistence to hold employers accountable.
Discover how a reputable Los Angeles rest and meal break denial lawyer can make a difference. Contact Moon Law Group today to schedule your free, confidential case review. You pay nothing for us to begin working on your case, and there are no fees unless we successfully resolve your matter.
How Can a Los Angeles Rest and Meal Break Denial Lawyer Help with My Case?
Employers who deny legally required breaks often attempt to conceal the fact. They might underreport your hours, alter time records, or claim you took breaks even if you didn’t. Working with an experienced Los Angeles rest and meal break denial attorney from Moon Law Group gives you the tools to pursue the compensation you deserve.
When you work with us, we will thoroughly investigate your case. Our lawyers analyze timecards, payroll records, and scheduling systems to spot inconsistencies. We speak with coworkers, review internal communications, and determine whether break violations are isolated incidents or part of a broader, company-wide problem. If multiple employees are affected, our attorneys can pursue a collective action or a class action to increase the pressure on your employer.
Our team has extensive experience in complex wage and hour litigation. We understand how employers try to avoid liability, so our lawyers have the know-how to challenge these tactics and develop a robust legal strategy that prioritizes your interests.
If you believe your rights were violated, contact Moon Law Group today to discuss your case.
What Does California Law Say About Meal and Rest Breaks?
California law gives you the right to take uninterrupted breaks during your workday. Under labor codes §§ 512 and 226.7, employers are required to provide both meal and rest breaks, and they face financial penalties if they fail to do so.
If you work more than five hours, your employer must give you a 30-minute unpaid meal break. For shifts longer than 10 hours, you’re entitled to a second 30-minute meal break. During these breaks, you must be fully relieved of all work duties. Your employer isn’t allowed to pressure you to work through them or make you stay on call.
In addition to meal breaks, you must receive a paid 10-minute rest break for every four hours worked, or a major fraction thereof. These rest periods must also be duty-free. You should be allowed to take them around the middle of each work period.
Even if you “voluntarily” work through a break, that time is compensable. If your employer fails to provide required breaks, they may owe you one hour of premium pay per missed break, regardless of whether you asked for it or not.
Can a California Employer Deny a Rest Break or Lunch Break?
In most cases, no, an employer can’t prevent you from taking a break. Denying meal or rest breaks violates labor law for breaks and lunch laws in California. Your employer has a legal duty to provide actual opportunities for you to take these breaks. In other words, they can’t just say you can take them, then make it impossible to do so.
If you’re required to stay on-site, answer phones, or remain on-call during a break, that’s considered a rest break denial or meal break denial under state law. Breaks must be uninterrupted and free from all work duties.
Common violations include the following:
- Scheduling shifts without enough time for breaks
- Discouraging or penalizing employees for stepping away
- Creating workloads that make taking breaks unrealistic
When you work with Moon Law Group, we can investigate whether your employer truly allowed you to take duty-free breaks or just said they did. If your work conditions don’t support the legally required breaks, you may be entitled to compensation.
What Employees Are Exempt from Rest and Meal Breaks?
While most workers are protected under California’s break laws, some employees fall into exemption categories. Understanding whether the meal break requirements apply to your role depends on how the law classifies your job duties and compensation.
Under break laws in California, the most common exemptions include the following:
- Exempt Salaried Employees – This category includes executives, administrators, and professionals who exercise independent judgment and meet salary thresholds.
- Unionized Workers – In certain industries, a valid collective bargaining agreement may provide a different structure for rest and meal breaks.
- Specific Occupations – Certain occupations, such as truck drivers, motion picture employees, and personal attendants, have different break requirements.
However, employers often misclassify workers as exempt to avoid complying with labor laws regarding lunches and rest periods.
If you’ve been denied breaks and suspect your employer has misclassified you, Moon Law Group can evaluate your role and responsibilities. You may be entitled to legal remedies even if your employer claims you’re exempt.
Can I Waive My Meal or Rest Break?
In limited situations, California law allows workers to waive certain breaks, but only under strict conditions. You may waive a meal break if the following applies:
Your shift is six hours or less, and both you and your employer voluntarily agree to waive the break
If you have a 10- to 12-hour shift, you may waive your second meal break, provided you took the first one.
However, rest breaks are different. Employers cannot require you to give them up, and you should never feel pressured to skip them. Even if you choose not to take a break, that choice may not be considered voluntary under the law — especially if your workload, lack of coverage, or company culture made stepping away feel impossible.
The employment lawyers at Moon Law Group carefully investigate whether any claimed “waivers” were truly voluntary. We also verify whether your employer has fulfilled all applicable legal requirements. If you were denied your breaks or felt forced to work through them, you may have a legal claim.
Can I Sue My Employer for Not Giving Me Rest and Meal Breaks in California?
If your employer failed to follow California break laws or meet the state’s meal break requirements, you have the right to take legal action. Depending on the situation, this could mean doing the following:
- Filing a complaint with the California Labor Commissioner
- Bringing a lawsuit to recover unpaid wages and penalties
- Joining or starting a class action (if multiple employees were affected)
Under Labor Code § 226.7, your employer must pay an additional hour of wages for each day they denied a required meal or rest break. Moon Law Group can assess whether you have a valid claim and guide you through the best course of action. If your employer violated your rights, we know how to hold them accountable.
What Damages Could I Recover for Denied Meal and Rest Breaks?
Depending on the details of your case, you may be able to recover the following:
- Premium Pay – One additional hour of pay at your regular rate for each day you were denied a required rest or meal break.
- Unpaid Wages – Compensation for time spent working during unpaid meal periods, even if you weren’t explicitly told to work.
- Penalties and Interest – You may be owed pay for violations of California labor laws, including failure to provide compliant break periods or accurate wage statements.
- Attorney’s Fees and Legal Costs – The employer covers these costs if you prevail in court or through settlement.
In more serious cases, like employer retaliation or systemic break denials, you may be entitled to additional damages.
Moon Law Group has recovered millions of dollars for hard-working employees across California. Our law firm knows how to pursue every available form of compensation and build strong cases that compel employers to take responsibility.
How Long Do I Have to File a Claim for Meal and Rest Break Denials?
Under California law, you typically have up to three years to file a claim for a meal break denial or a rest break denial. However, if your claim involves penalties or unfair business practices, the filing period may be different.
Despite the generous time limit, delays can weaken your case. Over time, it becomes increasingly difficult to locate time records, gather evidence, and find witnesses who recall key details. That’s why it’s important to act quickly if you believe your employer violated California’s labor law for breaks or lunches. Contact Moon Law Group today to learn more about filing a claim.
Contact a Los Angeles Rest and Meal Break Denial Attorney Today
If your employer has denied you any of your legally required breaks, you have options. Moon Law Group represents employees throughout Los Angeles and California in wage and hour disputes, including claims related to rest and meal break violations. Reach out to us today to speak with a Los Angeles rest and meal break denial lawyer and discover how we can help protect your rights.