San Francisco Missed Meal and Rest Breaks Lawyers

If your San Francisco employer has failed to comply with these vital workplace protections, the law is on your side. While some meal breaks may be waived by mutual consent, and on-duty meal breaks are sometimes permissible, your breaks cannot be revoked by an employer without your approval.

Workers in California are protected by some of the strongest labor laws in the nation, including strict rules around meal and rest breaks. Unfortunately, not all employers follow the law – and when that happens, employees may be entitled to compensation for break violations. If you believe you have been denied proper breaks, it is important to understand what your rights are and how the law works in your favor.

California’s Meal and Rest Break Requirements

Meal Break Requirements

Under California law:

• Non-exempt employees working more than five hours in a day must be provided with a 30-minute, uninterrupted meal break.
• This meal period must begin before the end of the fifth hour of work.
• A second meal break must be provided if the employee works more than 10 hours in a day.
• The employee must be completely relieved of duties and allowed to leave the work premises during their meal break.
  • If an employee is not relieved of all duty during their meal breaks, the meal breaks are considered “on-duty” and counted and compensated as hours worked at the employee’s regular rate of pay. “On duty” meal breaks are only permitted when the nature of the work prevents an employee from being relieved of all duty and a written agreement is entered into between the employer and the employee that meets certain legal requirements.

These meal breaks cannot be denied or shortened by the employer, and any agreement to waive a meal break must meet specific legal criteria. A proper meal break means the employee is free from all responsibilities – no calls, emails, or tasks.

Rest Break Requirements

In addition to meal breaks, California law mandates that employers provide rest breaks as follows:

• Employees are entitled to a paid, 10-minute rest break for every four hours worked (or major fraction thereof).
• These rest periods should ideally occur near the middle of the work period, to the extent practicable.
• Rest breaks must be uninterrupted, and employees must not be on-call or required to perform any duties.

Depending on shift length, multiple rest breaks may be required:

• Over 3.5 hours: 1 rest break
• Over 6 hours: 2 rest breaks
• Over 10 hours: 3 rest breaks

Employers who fail to authorize or allow meal or rest breaks may be liable for premium pay penalties.

Common Employer Violations

While California law is clear, employers sometimes attempt to sidestep their responsibilities. Some of the most common violations include:

• Requiring employees to work through scheduled meal or rest breaks.
• Interrupting rest or meal breaks with work tasks or requiring workers to be available during their break.
• Failing to provide rest or meal breaks entirely.
• Discouraging employees from taking breaks through work culture or unrealistic workloads.
• Not compensating employees for missed breaks as required by law.

If you have experienced any of these situations, you may have grounds for legal action.

The Impact of Break Violations

Break violations often intersect with other employment issues. Employees denied their rest or meal periods may also face:

• Wage theft
• Discrimination based on race, gender, or disability
• Retaliation for asserting their rights
• Hostile work environments

Employers who fail to uphold their obligations not only violate various labor code sections – they also contribute to unsafe, inequitable workplaces.

Break Violations and Discrimination

In some workplaces, discrimination may play a role in how breaks are assigned or denied. For example:

• Women may be routinely denied breaks while men are allowed to take them.
• Non-English-speaking employees may be misinformed about their rights.
• Employees with disabilities or specific medical needs may be denied accommodations that affect their ability to take meal or rest breaks.

These scenarios may warrant additional claims based on discrimination, gender bias, or failure to accommodate under California’s Fair Employment and Housing Act (FEHA).

Legal Remedies for Break Violations

When employers fail to comply with California meal and rest laws, workers are entitled to the following:

• Premium pay: One additional hour of wages for each day a meal or rest break is not provided.
• Back pay for any time spent working during an unpaid meal period.
• Reimbursement for related wage losses due to missed breaks.

In cases involving widespread or intentional violations, workers may also pursue class action and representative lawsuits against employers to recover damages on behalf of a larger group.

How to Document a Violation

To protect your rights under California labor law, start by documenting:

• When you were scheduled to take a meal or rest break.
• Whether the break was provided, uninterrupted, or skipped.
• Any communications with your employer or manager about breaks.
• Copies of timecards, schedules, or shift records showing break patterns.

Having clear, written documentation strengthens your case and improves your ability to seek legal relief.

What to Do If You’ve Been Denied Proper Breaks

1. Record your experience: Note each time a rest or meal break was skipped, shortened, or interrupted.
2. Communicate with your employer: If you feel safe doing so, raise the issue in writing with HR or your supervisor.
3. Consult with a lawyer: An experienced employment lawyer can help you determine if your rights were violated and what next steps to take.

Whether the violations were isolated or part of a broader company practice, it is crucial to get legal advice. Attorneys who specialize in wage and hour law can assess your situation, help you gather evidence, and file claims with state agencies or in court.

A skilled lawyer can also help determine if your case qualifies for class action status, ensuring other affected workers can join your claim. Legal support is especially important when violations are ongoing, widespread, or retaliatory.

San Francisco Meal Break Laws

In most circumstances, San Francisco law stipulates that hourly employees cannot work for more than five hours per day without being provided with at least one uninterrupted meal break of at least 30-minutes’ duration.

Though there are exceptions, these meal breaks generally need to conform to certain basic requirements, including:

• They must be taken at regularly established intervals
• Employees must be completely relieved of duties for the duration of the break
• The employee may choose whether to remain at the worksite during the meal period.
• Employees who work more than 10 hours per day may be entitled to take a second meal break.

Learn More about San Francisco Meal Break Laws >>

San Francisco Rest Break Laws

In addition to meal breaks, San Francisco employees must be authorized and permitted to take rest breaks, which accrue at a rate of ten consecutive minutes for each four-hour work period. When problems arise concerning rest periods, you could be entitled to compensation.

Like meal breaks, these rest breaks must meet certain basic requirements, including:

• Rest periods must be paid as normal working hours
• They must be taken in the middle of the work period

Learn More about San Francisco Rest Break Laws >>