California law gives most non-exempt employees clear rights to duty-free meal breaks—and legitimate remedies when those breaks are denied, cut short, or interrupted. If you’re missing your 30‑minute meal period, you can pursue a California break time violation lawsuit for premium pay and other penalties. Don’t wait: the statute of limitations for wage claims tied to missed breaks is generally three years from each violation, so timely action protects your recovery. This guide explains your rights, filing deadlines, evidence to gather, and how experienced meal break violation attorneys at MSD Lawyers build strong cases that maximize compensation.
Understanding California Meal Break Laws
Under California labor law, non-exempt employees are entitled to:
- One 30-minute duty-free meal break when working more than five hours
- A second 30-minute duty-free meal break on shifts longer than 10 hours, subject to narrow waiver rules
A duty-free meal break means you are relieved of all duties and free to leave the workplace. Employers must provide and not impede these breaks; missed, late, short, or on-duty breaks—plus pressure to skip them—can violate the law, triggering premium pay and penalties. See the DLSE meal period FAQs for the state’s official summary of these rules and wage remedies.
Break requirements at a glance:
| Shift length | Meal breaks required | Waiver allowed? |
| Up to 5 hours | None | n/a |
| >5 to ≤6 hours | 1 (30 minutes, duty-free) | First meal can be mutually waived in writing |
| >6 to ≤10 hours | 1 (30 minutes, duty-free) | No waiver (first meal required) |
| >10 to ≤12 hours | 2 (each 30 minutes, duty-free) | Second meal can be waived if total shift ≤12 hours and first meal was not waived |
| >12 hours | 2 (each 30 minutes, duty-free) | No waiver |
If your employer routinely denies or interrupts breaks, you can bring a wage and hour claim for premium pay and related relief under California labor law meal break rules.
How Long Do You Have to File a Meal Break Claim in California
The statute of limitations—the legal deadline to start a case—is generally three years from the date each missed meal break occurred. This timeline applies to individual lawsuits, DLSE wage claims, and class actions. Because missed breaks accrue daily, waiting risks losing older violations.
Filing windows (general):
| Claim type | Deadline to file | Notes |
| Individual lawsuit | 3 years from each violation | Daily violations each have their own deadline |
| DLSE wage claim | 3 years from each violation | Administrative process through the Labor Commissioner |
| Class action | 3 years from each violation | Covers similarly affected employees |
Tip: Some related claims may have different timelines. Speak with counsel promptly to preserve all options.
Steps to Take When Your Meal Break Rights Are Violated
Well-documented records and early legal advice make a significant difference in a break time violation lawsuit. Careful steps also deter retaliation and position your case for maximum compensation (see the employee guide to California break law linked above).
- Start a contemporaneous break log
- Save relevant communications and schedules
- Collect coworker witness information
- Review timecards, pay stubs, and premium-pay entries
- File with the Labor Commissioner (DLSE) if appropriate
- Consult a labor attorney to evaluate damages and strategy
Document Missed or Interrupted Meal Breaks
Keep time-stamped notes for every noncompliant day:
- Date, scheduled shift, actual meal period start/stop (or “missed”)
- Reason (workload, manager request, coverage issues)
- Whether you were required to stay on premises
- Whether any premium pay appeared on your next paycheck
Simple log template:
- Date:
- Shift hours:
- Meal break: time out/time in or “missed”
- Duty-free? Yes/No
- Who directed or caused the interruption:
- Premium pay received on paycheck? Yes/No
- Notes/evidence:
Use technology to support entries: smartphone photos of timecards, screenshots from scheduling or POS systems, and calendar invites.
Preserve Relevant Communications with Your Employer
Save written records that reflect break denials, pressure to skip, or coverage/scheduling problems:
- Emails or texts from supervisors about “working through lunch”
- Shift schedules, edits, and coverage requests
- HR chat logs, policy updates, or acknowledgments
- Written waivers or “on-duty” meal agreements
- Any note that premium pay will (or will not) be added
Organize by date and source, and keep copies off company systems.
Gather Witness Information from Coworkers
Coworker statements can corroborate a wage and hour claim—especially in team-based settings or class actions. Discreetly ask colleagues who observed missed or interrupted meals if they are willing to:
- Confirm what they saw and when
- Share similar experiences
- Provide their preferred contact details for follow-up
Respect workplace policies and privacy; do not record conversations without consent.
File a Claim with the California Labor Commissioner’s Office
You can seek premium pay for missed meal breaks by filing a wage claim with the DLSE. Generally, you will:
- Complete the DLSE wage claim form with dates and amounts owed
- Attach supporting evidence (logs, timecards, pay stubs, messages, witness info)
- Participate in a settlement conference and, if needed, a hearing
The state’s DLSE guidance confirms premium pay of one hour at the regular rate for each workday a required meal break is not provided (see DLSE meal period FAQs linked above). If violations are widespread, claims can also be pursued in court or as part of a class action.
Consult an Experienced Employment Lawyer
A knowledgeable labor attorney can calculate full damages, manage the DLSE or court process, and address employer defenses or retaliation. Legal help is essential when violations are systematic, your damages are significant, or you face pushback. For tailored guidance, see our overview on whether you can sue for repeated missed breaks and speak with our wage and hour team.
What Compensation Can You Expect from a Meal Break Violation Claim
Premium pay is the core remedy: one additional hour of pay at your regular rate for each workday a required meal break was not provided. If both a meal and a rest break were missed in the same day, penalties can stack—up to two hours of pay for that day—when the record shows noncompliant breaks. Public reports indicate that individual settlements vary widely, with many unpaid wage cases resolving in the low- to mid–five figures depending on duration, records, and employer practices. In egregious scenarios, employers may face substantial additional exposure and penalties.
Potential recovery may include:
- Premium pay for each noncompliant day
- Civil penalties and wage statement penalties
- Unpaid wages and overtime where applicable
- Attorney’s fees and costs
- Prejudgment interest
How Experienced Labor Attorneys Strengthen Meal Break Claims
The most experienced attorneys for wage and hour claims use targeted evidence collection, legal presumptions, and litigation leverage to maximize recovery. When time records show a missed, late, or short meal period, the burden shifts to employers to prove a compliant, duty-free break was provided or properly waived, which is a powerful tool in negotiations and at trial
Skilled counsel will:
- Audit timekeeping, payroll, and scheduling systems for patterns
- Calculate damages and premium pay at the correct rate
- Anticipate defenses (waiver, on-duty agreements, “nature of work” exceptions)
- Identify class or representative action opportunities
- Navigate DLSE hearings and court procedures to drive favorable settlements
Common Evidence Used to Prove Meal Break Violations
Essential evidence in a meal break violation claim includes:
- Timecard and POS records showing no clock-out or short meals
- Pay stubs reflecting missing premium pay
- Scheduling data and coverage notes
- Communications (emails, texts, HR chats) about “working through lunch”
- Written waivers or on-duty meal agreements
- Coworker statements corroborating missed or interrupted breaks
Courts recognize a rebuttable presumption—an assumption accepted as true unless disproved by evidence—that arises from employer time records showing noncompliant meal periods. Employers must then produce evidence of compliant, duty-free breaks or valid waivers.
Sample evidence map:
| Evidence | What it proves | Example sources |
| Timecards/clock data | Missed, late, or short meals; auto-deductions | Timekeeping exports, POS reports |
| Pay stubs | Whether premium pay was paid | Payroll portal, biweekly pay statements |
| Messages and emails | Manager pressure or denial of breaks | Supervisor texts, HR chats |
| Schedules/coverage logs | Operational barriers to taking breaks | Schedule edits, staffing sheets |
| Waivers/agreements | Validity and scope of any waiver | Signed forms, handbook acknowledgments |
| Witness statements | Corroboration across teams/shifts | Coworker declarations |
Potential Outcomes and Class Action Considerations
A class action lawsuit allows one or more employees to sue on behalf of a group who suffered the same meal break violations, creating efficiency and consistent relief across the workforce. California’s Private Attorneys General Act (PAGA) also enables employees to bring representative claims for civil penalties on behalf of the state and affected coworkers. Settlements may include premium pay, penalties, and policy changes; trials can result in court-ordered payments and company-wide compliance measures.
Class and representative actions can:
- Increase leverage and collective recovery
- Address system-wide practices (auto-deductions, understaffing)
- Secure injunctive relief and monitoring to prevent future violations
Frequently Asked Questions
What Are My Rights to Meal Breaks under California Law?
Most California non-exempt employees are entitled to a 30‑minute duty-free meal break if working over 5 hours, and a second 30‑minute break for shifts over 10 hours. These breaks must be uninterrupted, and you cannot be required to remain on-site.
When Can an Employer Legally Deny a Meal Break?
Employers can only deny a meal break if the shift is 6 hours or less and both the employer and employee agree to a written waiver. You may revoke your waiver at any time.
Can Meal and Rest Breaks Be Combined by an Employer?
Meal and rest breaks cannot be combined; each must be provided separately unless a valid, voluntary written waiver applies to a short shift.
What Happens if My Employer Denies My Meal Breaks?
You are entitled to one hour of premium pay for each day a required meal break was missed. Repeated violations may also lead to additional penalties or class action remedies.
How Do I Start a Claim for Missing Meal Breaks?
Gather your records and evidence, then file with the California Labor Commissioner or consult an experienced employment lawyer at MSD Lawyers for guidance on strategy and timelines.
Protect your claim window. Missed meal breaks have a three-year deadline—document your records now and get a case review with MSD Lawyers before older violations expire.
