California Labor Code 226.7
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- California Labor Code 226.7
Work breaks aren’t optional, and they aren’t a luxury. California workers have a right to take breaks. Demand fairness!
California Labor Code 226.7 ensures workers get meal and rest breaks or extra pay if denied. Know the law, know your rights, and know how to fight back if your employer isn’t following the law.
In California, workers are the backbone of the economy, putting in long hours to support their families and make ends meet. But all too often, employers fail to treat workers fairly, particularly when it comes to giving them the breaks they are legally entitled to. If you’ve been denied your breaks or pressured to keep working when you should have time to rest, you may be protected under California Labor Code 226.7. Let’s break down what this law means, how it protects you, and what you can do if your employer isn’t playing by the rules.
What Is California Labor Code 226.7?
California Labor Code Section 226.7 protects California workers’ rights to rest breaks and meal periods. In simple terms, this law requires employers to provide you with uninterrupted breaks so you can relax and recharge during your workday. The law covers two types of breaks:
- Meal Breaks. If you work more than five hours in a day, you are entitled to a 30-minute meal break. You’re entitled to a second meal break if you work more than ten hours.
- Rest Breaks. You are entitled to a paid 10-minute rest break every four hours you work.
If your employer fails to provide these breaks, they must compensate you with one extra hour of pay for each day they deny you a meal or rest break. This is often referred to as a “premium wage.”
Why Labor Code Section 226.7 Is So Important
Let’s be honest: working long hours without breaks isn’t just uncomfortable—it’s exhausting and unfair. California Labor Code 226.7 was put in place because employees need time to eat, rest, and simply catch their breath during a busy workday. Breaks aren’t a luxury but a basic right all workers deserve.
Unfortunately, some employers ignore the law, hoping their workers don’t know their rights or are too afraid to speak up. This is especially common in industries like retail, food service, warehouse work, and construction, where employees are often pushed to the limit. Losing those extra wages can be devastating for workers living paycheck to paycheck. That’s why it’s crucial to understand your rights and take action if they are being violated.
Let’s break down how much unpaid time you lose if you skip a 15-minute break every 8-hour shift:
- 15 minutes per shift × 5 shifts per week = 75 minutes (1.25 hours) lost each week
- 1.25 hours per week × 52 weeks per year = 65 hours lost annually
If you’re making, say, $20/hour, that’s $1,300 a year in unpaid wages! Missing just one break each day can really add up over time. If your employer denies you breaks, you may be owed back pay plus additional penalties under California labor laws.
What Counts as a Violation of Labor Code 226.7?
A violation of California Labor Code Section 226.7 happens when an employer:
- Denies you a meal break. If you work over five hours and aren’t given at least 30 minutes to eat, that’s a violation. If you work over 10 hours and aren’t provided a second meal break, that’s another violation.
- Prevents you from taking a rest break. You’re entitled to a 10-minute paid break every four hours you work. If your employer pressures you to skip it or is so understaffed that breaks become impossible, they’re breaking the law.
- Fails to pay the premium wage. If your employer does not pay you an extra hour’s worth of wages for each missed meal or rest break, that’s another clear violation.
It doesn’t matter if you were busy, the company was understaffed, or you “voluntarily” skipped your break. Under the law, the employer is responsible for ensuring you have the opportunity to take your breaks.
Examples of Common Violations Under California Labor Code 226.7
You might be wondering, “What does a violation of Labor Code 226.7 actually look like?” Here are some common scenarios:
- Pressuring Employees to Skip Breaks. Your boss tells you to keep working because the store is busy or the shift is short-staffed. Even if you agree, it’s still a violation if you miss your break.
- “On-Duty” Meal Breaks: Your employer may require you to eat at your desk while continuing to answer phones or handle customers, which is not a true meal break under the law.
- Not Scheduling Breaks: Your employer simply doesn’t build meal or rest breaks into the schedule, leaving you to work through long shifts without time to rest.
- Failing to Pay the Premium: You complain about missed breaks, but your employer refuses to pay you the extra hour of pay. This is a double violation—they not only denied you a break but also didn’t compensate you for it.
How a California Employment Lawyer Can Help You
If your employer is denying your breaks or not paying you the required premium wages, it can feel intimidating to confront them. But you don’t have to go through this alone. A California employment lawyer can help you understand your rights, gather evidence, and take legal action to recover your debts. Here’s what a lawyer can do for you:
- Evaluate your case. An attorney can review your work schedules, pay stubs, and any communications with your employer to determine if your rights under Labor Code 226.7 were violated.
- File a claim. If your employer refuses to pay what you’re owed, your lawyer can help you file a claim with the California Labor Commissioner or take your case to court.
- Negotiate with Your employer. Sometimes, just having a lawyer involved can pressure your employer to settle the matter quickly. A skilled attorney can negotiate on your behalf to get you fair compensation.
- Protect you from retaliation. It’s illegal for employers to punish you for standing up for your rights. If you face retaliation after filing a claim, your lawyer can help protect you and pursue additional damages.
At Consumer Attorneys, we understand how hard it is to stand up to an employer, especially when you rely on your job to support your family. That’s why we’re here to support you every step of the way. Our team of compassionate and experienced attorneys is ready to listen to your story and fight for your rights.
What Compensation Can You Recover?
If your employer has violated CA Labor Code 226.7, you could be entitled to several types of compensation, including:
- Premium pay. One extra hour of wages for each day your meal or rest break was denied.
- Back wages. You can recover unpaid wages if you weren’t properly compensated for missed breaks.
- Interest and penalties. In some cases, you might be able to recover interest on unpaid wages and penalties for willful violations.
- Attorney’s fees. If you win your case, your employer may be required to cover your legal costs.
Fighting for your rights can seem overwhelming, but with the help of a consumer protection attorney, you can pursue the compensation you deserve. At Consumer Attorneys, we’re committed to ensuring that your hard work is respected and that you’re paid every cent you’ve earned.
Studies show that plaintiffs represented by attorneys recover significantly higher settlements than those who represent themselves. According to the U.S. Department of Justice, on average, plaintiffs with legal representation in civil cases receive three times larger payouts than unrepresented plaintiffs. This highlights the crucial advantage of having skilled legal counsel in maximizing compensation.
Protect Yourself: What to Do If Your Employer Isn’t Following the Law
If you think your employer is violating California Labor Code 226.7, taking action as soon as possible is important. Here’s what you should do:
- Document everything. Keep copies of your schedules, pay stubs, and any messages from your employer about breaks. Detailed records will be vital if you decide to pursue a claim.
- Reach out for legal help. Contact a California employment lawyer to discuss your case. An attorney can help you understand your options and protect your rights.
- File a complaint. Your lawyer can assist you in filing a complaint with the California Labor Commissioner or in pursuing a lawsuit.
- Stand up for Your rights: Remember, you have legal protections. Don’t let your employer pressure you into giving up your rights to breaks and fair compensation.
Why You Need a Consumer Protection Attorney
Navigating the legal system can be confusing, especially when you’re already dealing with the stress of an unfair employer. This is where having a 226.7 Labor Code consumer protection attorney makes all the difference. They know the ins and outs of California labor laws and can handle the heavy lifting of your case, so you can focus on your well-being.
At Consumer Attorneys, we believe no one should have to fight for their basic rights alone. Our team is here to guide you through every step of the process, from gathering evidence to negotiating with your employer or even taking them to court. We’re not just here to win cases—we’re here to ensure you’re treated with the respect you deserve.
If your employer has denied you breaks or refused to compensate you as required by California Labor Code Section 226.7, don’t wait to take action. Every day you let slide could mean losing out on wages you’re rightfully owed.
At Consumer Attorneys, we’re committed to standing up for workers like you. We know how tough it is to go up against an employer, especially when you’re worried about retaliation. But you don’t have to do it alone. Let us fight for your rights, so you can focus on what really matters—your family, your health, and your peace of mind.
By Phone: +18667306263
Via Email [email protected]
By visiting our office in LA: 16130 Ventura Blvd Suite 300, Encino, CA 91436
Frequently Asked Questions
Yes, an employee can sue if their employer fails to provide required breaks or pay the premium wage for missed breaks under California Labor Code 226.7. If you are denied your meal or rest breaks, the law entitles you to one additional hour of pay for each day a break is missed. If your employer refuses to pay this premium, you can file a claim with the California Labor Commissioner or pursue a lawsuit to recover the unpaid wages. An experienced consumer protection attorney can help ensure you receive the compensation you deserve, including any additional damages or penalties if your employer has willfully violated your rights.
Yes, there are some exceptions to California’s meal and rest break requirements. If you work in a job where you can’t physically leave your workstation (like certain security roles or on-site healthcare), you may be allowed an “on-duty” meal break, but only if it’s mutually agreed upon in writing. Additionally, if your shift is six hours or less, you can waive your meal break with your employer’s consent. However, rest breaks cannot be waived under normal circumstances. Employers sometimes misuse these exceptions, so if you believe your rights are being violated, it’s important to consult a California employment lawyer who can determine whether your situation qualifies for an exception.
Under California law, employees can voluntarily waive their meal break if their shift is six hours or less, but they cannot waive rest breaks. Meal break waivers must be agreed to by both the employee and the employer, and it should be done without any pressure. Notably, the meal break cannot be waived if your shift exceeds six hours. Rest breaks, however, are mandatory and cannot be waived, regardless of how short your shift is. If your employer pressures you to skip your breaks, that’s illegal. Working with a consumer protection attorney can help you understand your rights and take action if your employer is violating labor laws.
Even if your workplace is incredibly busy, your employer is legally required to provide you with meal and rest breaks. California Labor Code Section 226.7 ensures that breaks are mandatory, regardless of how hectic your workday may be. If your employer pressures you to skip breaks due to understaffing, high demand, or busy shifts, that violates your rights. Employers can’t use business needs as an excuse to deny breaks. If this happens regularly, you may be entitled to premium pay for missed breaks. Don’t let your employer take advantage of you. A California employment lawyer can help you recover compensation and ensure your rights are respected.
If your boss offers to pay you extra to skip your legally mandated meal or rest breaks, that’s illegal under CA Labor Code 226.7. Employers cannot bypass labor laws by offering incentives for you to waive your rights. Even if you agree, your employer is still breaking the law and could face penalties. You are entitled to breaks; if they are denied, you are owed an extra hour of pay for each missed break. Don’t be pressured into giving up your rights for a little extra money—it’s not worth it in the long run. Contact a consumer protection attorney at Consumer Attorneys who can help you get the compensation you deserve and hold your employer accountable.
Daniel Cohen is the Founder of Consumer Attorneys. Daniel manages the firm’s branding, marketing, client intake and business development efforts. Since 2017, he is a member of the National Association of Consumer Advocates and the National Consumer Law Center. Mr. Cohen is a nationally-recognized practitioner of consumer protection law. He has a we... Read more
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