I’ve been working at a company for about a year now, and I’ve never received a lunch break or a 10-min break

Going a full year without breaks is frustrating, and it is one of the most common wage-and-hour problems in California. The rules here are fairly specific.

For most hourly employees, and salaried employees who still qualify for overtime, a workday of more than five hours generally requires an unpaid, duty-free 30-minute meal break that starts before the end of the fifth hour. A workday of more than ten hours generally requires a second one. Employees are also generally entitled to a paid 10-minute rest break for every four hours worked, or a “major fraction” of four hours. Meal breaks can sometimes be waived by mutual agreement on shorter shifts, but not offering a break at all is not a waiver.

When an employer doesn’t provide a required break, or provides it late, cut short, or interrupted, the employer generally owes one extra hour of pay for that day. Meal and rest violations are counted separately, so up to two extra hours per day may be owed. Under the 2021 California Supreme Court decision in Ferra v. Loews Hollywood Hotel, that hour is calculated at the employee’s regular rate, which can include non-discretionary bonuses, commissions, and shift differentials. These payments are treated as wages, so claims can generally reach back three years.

Daily notes of start times, end times, and missed breaks can be very helpful, along with any texts, emails, or schedules showing an expectation to work straight through. Employees can raise the issue in writing with HR, file a wage claim with the Labor Commissioner, or consult an employment attorney.

California law prohibits retaliation for asking about breaks or filing a claim. Some workers, such as those under certain union contracts or in some transportation and healthcare jobs, follow different rules, so an attorney can explain what applies in a particular situation.