Employers only have the responsibility of providing you with breaks and other opportunities. Your employer is not responsible, however, if you decide to work through your work lunch hour. This means that if you earn $15/hour, your employer may have to pay $330 more wages. You may be entitled to damages if your employer fails to give you a break from work for at least 22 days or a monthly period. Your employer will pay this hour at your regular rate every day that you did not receive a proper meal break. You could be eligible for an extra hour of pay if any of these things happen. Your employer may make it difficult for you to even take a break at all. Your employer might make it a condition of your employment that you work through your meal break, or force you to cut your break short. Your employer could interfere with your meal break in a number of ways. What if My Employer in California Doesn’t Allow Me to Take My Lunch Break? You can skip the second meal break if you work longer than 10 hours and less than 12 hours, but you must still take your first meal break. If you are a cashier at a convenience store, and you can’t leave your position, you may be eligible for an “on duty” meal break. These paid “on-duty” periods are often when your job does not allow you to leave your office. However, you must first agree with your employer in writing. If you work for more than six hours, your employer may waive your meal break. You can skip any meal break if you work less than six hours. The laws in California permits you to skip meal times without any legal consequences for your employer, if you have volunteered to do this. California Rules for Skipping Meal Breaks It is best to consult a skilled employment lawyer because meal laws can vary from one city to the next in California.Īn employment lawyer will review your job situation to determine if you are eligible for any breaks. However, certain occupations like truck driving, construction and motion pictures are exempted from labor laws.
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