Can my employer terminate my employment for not taking meal break before the 5th hour worked?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my employer terminate my employment for not taking meal break before the 5th hour worked?

Can my employer terminate my employment for not taking lunch before the 5th hour worked?California dept of labor says if I have worked 5 or more hours, I’m entitled to a 30 minute meal break, they do not specify when I am required to take it. Now granted, I have been 10 minutes past this said deadline. I’m not abusing it and taking lunch at the last working hour of the day.

Asked on October 24, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unless you have a written contract (including a union or collective bargaining agreement) which limits the reasons you can be terminated--and this is not one of them--then yes, you can be terminated for this reason. Except if and only to the extent limited by a written contract, employment is "employment at will": that means you can be terminated at any time, for any reason, including not taking lunch when your employer wants you to.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption