Does my employer owe me missed meal wages if I’m scheduled to work 5 hours but on many days I can’t clock out on time?

Question

I work as a nurse and my scheduled shifts are 5hrs. However, many times I’m forced to stay 15-30 minutes over my 5 hrs waiting for my relief to take over. I do get one 15 min rest break, but am I owed one missed meal break each time I stay over the 5 hr mark? I have also signed that I do not waive my any meal breaks.

James L. Arrasmith · Answer

In California, if you work more than 5 hours, your employer must provide you with an unpaid 30-minute meal break, unless the total work period is 6 hours or less and both you and your employer have mutually agreed to waive the meal period. 
 
Since you mentioned signing that you don't waive meal breaks, and you're regularly working beyond your scheduled 5-hour shift, your employer should be providing meal breaks when your shifts extend beyond 5 hours. For each day you work more than 5 hours without receiving your meal break, you're entitled to one hour of pay at your regular rate of compensation as premium pay (also known as meal period premium). 
 
You should document these instances where you work beyond 5 hours without breaks and bring this to your employer's attention. If the issue persists, you can file a wage claim with the California Labor Commissioner's Office. The fact that you're staying late due to waiting for relief doesn't excuse your employer from meal break obligations, and healthcare workers have the same meal period rights as other employees under California law. Consider keeping detailed records of your actual clock-out times and missed breaks to support any potential claim.

Q: Does my employer owe me missed meal wages if I’m scheduled to work 5 hours but on many days I can’t clock out on time?