CA Meal Break Law Explained by an Employment Lawyer

This video examines CA's meal break laws. How much money will you be owed if you're denied your 30-minute lunch break? You will find out this and more watching this video. California employment lawyer, Branigan Robertson, explains the law so than any employee can understand.

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[josezavalza]

I have a very important question. So I start at 9am, after the 10 hour mark which is 7pm am I able to take an extra 10minute break. Or would it be after 7:30 pm bc the lunch is not considered working time .

[lorenzobeckmann]

Councilor, great stuff. Lunch room at work place where labor pushers question workers as to 1st 4 hours of work. I always went to car and put windows up, locked door. The joy to escape from all that --- beyond your imagining.

[gabrielshear]

How many years can I collect for no rest breaks ?
I worked for five years without any rest breaks ..

[thewatchloungechris]

Ha I just started a job at dollar general as a manager. Assistant not store so I'm hourly not salaried. I get only a fifteen minute break unpaid and sometimes they make me work during my fifteen minute break and I'm working almost 60 hrs a week some weeks.

[dankmemer]

Can Employers in CA tell you what time to take your lunch breaks? For example mine wants me to take my lunch 2 hrs into my shift, but I am not hungry then. Then when I am hungry, I cannot eat because I have already taken my lunch break.

[privacidad]

Two questions: On the 2nd meal break, having taken your first unpaid 30 minute lunch, does the employee ask for his/her lunch on/before the 10 hour or the 10.5? Technically he/she has only worked 4.5 hours for the second meal break at 10 hours due to the first unpaid meal period. The law says it must be 5 and 10 hours, but is not specific if the first unpaid 30 minutes factor into the 10.

2nd question: Can a union revise California meal break law to be worse for the employee than what the State offers? Example: Union gives permission to a company to work employees up to 12 hours with only one lunch.

[lesliebrazil]

I usually only work 6-7.5 hours a day but my employer makes us take hour long lunch breaks . also I have never taken a paid break in the 4 years I've been with the company .

[JJustinX]

Thx for the info more knowledge more power

[Stevenfrijol]

I am a delivery driver. Once I get loaded in the morning, I want to finish my route. I have no desire to take morning or noon breaks. I do take my lunch, , eating in my truck. I drive, sometimes for an hour, I do not think I need to take a morning break. I understand the laws, but I only really want a lunch break.

[DavidGarcia-pcog]

I have a small c-33 house painting company in CA. and employees work 8 hour days 8-4:30pm or 7:30-4pm. Employees been voluntarily wanting breaks and lunch combine for a longer lunch break 12-1 pm (breaks are still getting payed except 30min lunch) What should i do, should i talk to a labor lawyer or get a sign voluntarily agreement from all employees?

[myckel]

I’ve been with the company for almost 3 years. There’s have been several times that I’ve gone to lunch past my 5th hour, do to other employees would go before me. I can’t leave patients be themselves. Being in the healthcare setting where patients must be taken care of. But I do go to lunch just past my fifth hour. Does my employer owe me the extra hour of pay since the 5th hour window has been missed?

[riverOfWinds]

I worked for a mom & pop restaurant for a little over five years until about a week ago. I realized when I left that we were never provided with the opportunity to take a lunch a rest break. I didn't even know it was an option there.



I have filed a claim with the DLSE. Will they conduct a thorough investigation into their records or would you recommend I ask them for copies? Or whatever step I should take...


Thank you.

[Alucard]

I work at a movie theater currently and on my 30min meal break where I am unpaid I some time order food from the sack bar and have been told by my shift lead that I am to prepare the items myself often cooking something in an oven is this practice legal?

[bmcgrawth]

Great video, Mr. genius, Do you prefer to Sue under the state law or federal law? What if the employer fired you days after filing for EEOC claim and informing HR that you filed for EEOC inquiry?

[ANUBIS]

I work as a Security officer and they got me working a 8 hour shift with no one to relieve me for breaks or my lunch and they expect me to stay on the the clients site already having to brought something to eat or drink while on duty. This can't be legal can't it?

[deejayyy]

The whole "end of the 5th hour" is confusing. I hear that and it sounds like if I clock out by 5 hours and 59 minutes, that's the end of the 5th hour right? But no... my company says I have to clock out by 4 hours and 59 minutes. I keep getting yelled at for clocking out at like 5:15 or something like that 😐

[esn]

I usually work 6-8:30 hours but I never take a proper meal break, I just eat my dinner while I'm working( I usually work from 6pm to 2:30am night shift), I do get paid for a 30 min break, but is it a violation? We don't have agreement with that too.

[adamvega]

What if we have to walk across a big warehouse with forklift traffic to clock out, and once clocked out we have to walk a minute and a half to our lunch room with the forklift traffic then we have to walk back a minute and a half to the time clock to clock in on time, so basically for the last 7 years I've been talking a 27 minute lunch break, is my employer breaking the California 30 minute lunch law?

[artambriz]

Thank you for the video,
I work overnight and have been told I can take a break but must work through it. We recently transitioned to 10 hour shifts, I was told by my lead/manager that I am not allowed to take breaks, and later told by my managers boss that i can take my break but must punch out. (while my other peers are openly speaking about working though their lunch) I did sign a waiver to not take lunches recently but I am being told mixed messages by my higher ups. I feel like I am being manipulated and am not aware if I can do much about it :( Any advise for me please?

[fishgutz]

Best Buy and other employers change the shift times to get around this.
In NC, the law is 8 hours, 1 lunch. So they don't schedule anyone over 7.5 hours.