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San Diego Meal and Rest Break Lawyer

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If your employer has failed to provide the meal and rest breaks you are legally entitled to? The San Diego meal and rest break lawyers at Nevels + Nichols can help you. Our firm represents clients in all types of employment matters, call us at (619) 374-1100.

If you work in California, you have certain rights when it comes to meal and rest breaks. California has some of the strictest meal and rest break laws in the United States, which Nevels + Nichols has a deep understanding of. If you are seeking more clarification on whether or not you may be entitled to compensation - our firm is here to help.

What are My Meal Break Rights in San Diego?

Under California law, non-exempt employees who work more than five hours in a day are entitled to a 30-minute unpaid meal break. If you work more than 10 hours in a day, you are entitled to a second 30-minute unpaid meal break. Subject to limited exceptions, during your meal break, you must be relieved of all work duties.

What are My Rest Break Rights in San Diego?

The law states that Employers must authorize and permit uninterrupted rest breaks for all nonexempt employees whose total daily work time is at least 3.5 hours. These mandatory rest breaks must be offered at the rate of 10 minutes for every four hours worked, or "major fraction" thereof. Anything over two hours is considered by the courts to be a "major fraction" of four. 

If you work more than six hours in a day, you are entitled to a second 10-minute paid rest break. During your rest break, you are entitled to rest and take a break from your work duties.

Which Employees are Entitled to Meal and Rest Breaks?

Most non-exempt employees in California are entitled to meal and rest breaks. However, there are some exceptions, such as employees who work in the healthcare industry or who are covered by a collective bargaining agreement. Your employment lawyer in San Diego can help you determine if you are entitled to meal and rest breaks.

Can I Be Required to Be On-Call or Work During a Break?

Generally speaking, you cannot be required to be on-call or work during a meal or rest break. Employers must relieve you of all work duties during these breaks. In certain circumstances however the employee and employer may agree in writing to an “on-duty” meal break, for which the employee is paid.

Am I Entitled to Paid Breaks?

Rest breaks are paid, but meal breaks are typically unpaid. However, your San Dieo meal and rest break attorney can help you determine if you are entitled to paid breaks under your employment contract or agreement.

Can I Sue My Employer for Violating Break Laws?


Yes, you may be able to sue your employer if they violate California's meal and rest break laws. You may be entitled to compensation for any missed breaks, as well as penalties and attorney fees. Your San Diego meal and rest break lawyer can help you understand your legal rights and options.

Contact a San Diego Meal and Rest Break Lawyer

Nevels + Nichols and our team experienced in employment law, are here to help you with all aspects of meal and rest break laws. If you believe your employer has violated your rights, contact us today for a free consultation. We'll help you understand your legal options and if litigation is necessary, we’ll fight for your rights in court.

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