California Labor Code 512 Overview and Example Scenarios
Legally reviewed by: Jessica Anvar Stotz, JD, MBA
California Labor Code 512 describes employee meal breaks and at which points they must receive them. It lays out some specific cases with differing rules, such as commercial drivers transporting certain goods or employees in the film industry.
California Labor Code 512 Explained in 90 Seconds
Broadly speaking, California Labor Code 512 provides employees with a mandated 30-minute meal break after five hours of work in one day. The rest of the code either expands on this or carves out exceptions for particular workers in specific industries.
Employees can choose to waive their meal break if they work for no more than six hours in one day. Employees who work ten hours or more in one workday are provided with a second 30-minute meal break, though this one can also be waived if the first break was not.
Employees working in the wholesale baking industry with particular union regulations, commercial drivers transporting goods from a commercial feed manufacturer, and employees in the film industry have their own special rules laid out by Labor Code 512.
Certain employees are not given a break after five hours and two breaks for ten hours if the following two things are true. First, that they are covered by a union, and second, that the union provides meal breaks (among other things) for that employee. The certain employees that can satisfy this include construction workers, commercial drivers, certain security officers, and public utility (gas or electricity) employees.
When are You Entitled to a Meal Break?
Employees are entitled to a meal break, or breaks, depending on how long they have worked that day. If they work less than five hours in any given day, they do not receive a meal break under California Labor Code 512. If they have worked between five and six hours in a day, they receive one 30-minute meal break. This break can be waived through mutual consent so long as the employee is not working more than six hours. An employee working between six and ten hours receives one uninterrupted 30-minute meal break. An employee working ten to twelve hours receives two meal breaks but can waive the second through mutual consent only if the first meal break has been taken. Finally, if an employee works over twelve hours in one day, they receive two meal breaks.
What Makes a Meal Break “Uninterrupted”?
An uninterrupted meal break means the employee has the right to do (almost) anything during their break, including leaving the work premises and attending to any personal business they may have. They are relieved of their work duties during their uninterrupted break. Knowing this is important for employees, as employers are not permitted to pressure their employees into working during meal breaks.
What Happens if You Don’t Get Your Meal Break?
Employers who fail to provide a meal break for their employees can be subject to a penalty fee. This is sometimes referred to as a “meal break premium” fee and is typically an extra hour’s worth of wages given to the employee to make up for the lack of a break. Employees who have their meal break withheld from them can file a claim with the Division of Labor Standards Enforcement, or DLSE.
Example Scenarios
Example 1: Employee Works 6 Hours, Does Not Waive Meal Break, is Not Given Meal Break
- Scenario: A cashier at a grocery store is on a six-hour shift and at his fifth hour, desires to take his meal break. He does so appropriately and finishes his shift afterwards but is reprimanded by his employer who claims that the employer waived the meal break because the shift is not more than six hours.
- Violation: No mutual consent given to waive meal break.
- How Labor Code 512 Protects: An employee who works more than five hours in a day is entitled to a meal break. Employees can waive this break if they are not working more than six hours that day, but this waiver must be mutually agreed upon between the employee AND the employer. Neither employees nor employers can unilaterally waive the break.
Example 2: Employee Works 8 Hours, Has His Meal Break Interrupted
- Scenario: A factory worker takes his meal break five hours into his shift and uses the break to drive home and watch some of a football game while he eats. He does not spend time in excess of his break and returns to work before the 30 minutes are up. Upon returning, he is retaliated against by his employer for leaving the work site.
- Violation: Employer is punishing improperly for an uninterrupted break.
- How Labor Code 512 Protects: An employee working between six and ten hours is entitled to an uninterrupted break, meaning the employee can leave the work site and do personal things during their break. An employer cannot retaliate against the employee for doing so.
Example 3: Employee Works Six Hours, Receives No Meal Break
- Scenario: A waiter works a six-hour shift and is refused a meal break by his employer at the five-hour mark.
- Violation: Improper refusal to provide meal break.
- How Labor Code 512 Protects: An employee who works a six-hour shift is entitled to one 30-minute meal break unless it is waived. In this case, the break was not waived, and the employee had worked enough that day to earn it, so the employer was violating Labor Code 512 in denying the break.
It is important to note that the above are just examples for the sake of demonstration and do not constitute legal advice for any situation similar to the ones described.
Tips for Taking Your Meal Break
There are some things employees can do to ensure they do not cause any issues regarding their meal breaks. Employees should always take their meal breaks at the appropriate times even if not strictly required by the length of a shift (unless they can waive the break and do so). By taking meal breaks at the appropriate time, employees are protecting themselves against accidentally incurring overtime or causing their employer to violate California labor laws.
To best keep track of when you should be taking meal breaks, employees are encouraged to make note of their hours each shift and plan in the meal breaks accordingly. Doing so ensures that the employee’s work hours will be accurate and reflect the actual time they spent working.
Resources for Employers and Employees
- California Labor Code 512
- California Department of Industrial Regulations
- California Department of Industrial Regulations – Division of Labor Standards Enforcement
- California Department of Industrial Regulations – Division of Labor Standards Enforcement: File a Wage Claim
- California Department of Industrial Regulations – Division of Labor Standards Enforcement: Wages, Breaks, and Retaliation
Connect with an Attorney
With California’s robust labor laws, workers can feel confident and secure that they will be protected if an employer violates one of their rights. However, actually bringing a claim against an employer can be a complex and overwhelming process for a suffering employee to manage.
LawLinq, Inc. is a California Certified State Bar Lawyer Referral & Information Service. We are here to connect consumers with experienced and qualified attorneys in specific practice areas. At LawLinq, we connect employees with highly skilled and experienced employment attorneys that can represent them and assist them in bringing a claim. It is stressful enough to not be paid properly or to have meal breaks withheld; let a LawLinq-referred attorney lessen that stress by helping you navigate your claim. Contact us today at (855) 997-2588 or by filling out a form online!
