California law guarantees most workers the right to meal and rest breaks during their workday, yet these fundamental rights may be frequently violated by employers. If you're not receiving proper breaks or premium pay when breaks are missed, you may be entitled to compensation.

What California Law Requires

California law and regulations have established clear rules regarding meal and rest breaks for California employees. While these rules vary slightly depending on your industry, the general requirements are:

Meal Breaks

Typically, for most California workers, employers must provide:

• A 30-minute unpaid meal break when you work more than 5 hours
• A second 30-minute meal break when you work more than 10 hours
• The meal break must begin before the end of the 5th hour of work
• You must be completely relieved of all duties during the meal break
• You must be free to leave the workplace during your meal break

If your employer fails to provide a compliant meal break, they must pay you one hour of premium pay at your regular rate of compensation for each workday that a meal break violation occurs. Also, your employer is required to keep a record of all of your meal breaks. 

Rest Breaks

Most California employees are entitled to:

• A paid 10-minute rest break for every 4 hours worked or "major fraction thereof" (meaning more than 2 hours)
• Rest breaks should be in the middle of each work period when practicable
• You should be relieved of all duties during your rest break

If your employer fails to provide a compliant rest break, they must pay you one hour of premium pay at your regular rate of compensation for each workday that a rest break violation occurs.

Possible Violations

Employers may violate meal and rest break laws by:

1. Not providing breaks at all: Simply not allowing employees to take their legally required breaks
2. Providing late meal breaks: Making employees work more than 5 hours before their first meal break
3. Interrupting breaks: Requiring employees to remain on the premises or perform work during their breaks
4. Discouraging breaks: Creating a workplace culture where taking breaks is implicitly discouraged or impractical to do while meeting the job requirements

When Premium Pay Is Required

If your employer fails to provide you with a compliant meal or rest break, they must pay you one additional hour of pay at your regular rate for each workday when a meal break violation occurs, and one additional hour for each workday when a rest break violation occurs. This means you could be owed up to two hours of premium pay per workday if they fail to provide all meal breaks and rest breaks that you are entitled. 

Taking Action

If your employer is violating meal and rest break laws, consider these steps:

1. Document everything: Keep a personal record of your work hours and when breaks were missed or interrupted
2. Raise the issue with your Employer: Notify your employer that you are being allowed compliant breaks, preferably in writing. Make sure to document whenever you have brought up the issue with your employer
3. Consider legal action: Consult with an employment attorney who can help you recover unpaid premium wages

Remember that California law prohibits employer retaliation against employees who assert their meal and rest break rights.