Is it legal to deny a 30 minute break for a shift 5 hours or more

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal to deny a 30 minute break for a shift 5 hours or more

Is it legal to deny a 30 minute
break for a shift 5 hours or more.
I have proof for the last 10

Asked on February 8, 2017 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In CA, employers are required to provide a 30-minute meal break once a an employee has worked 5 hours. An employer does not have to pay for this time which means that meal breaks are unpaid. If the employee’s workday will be completed with in 6 hours or less, then they may consent to waive the meal break. If your employer has failed to provide you your required meal period, you are to be paid 1 hour of pay at your regular rate of compensation for each workday that the meal period is not provided. If your employer fails to pay this additional pay, you may file a wage claim with the Division of Labor Standards Enforcement.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption