I was told that if I don’t take my lunch within the 5th hour, my employer has to pay me an extra hour of pay, is this correct?

Generally, what you have been told is correct. Specifically, in CA, if you are non-exempt, your employer must provide you the opportunity to take a meal break sometime during the first five (5) hours of your shift. So, if you work 8-5, then your meal break should be provided to you sometime before 1:00p.m. There are a few exceptions. Also, if your employer does in fact provide you the opportunity to take the meal break, but you voluntarily choose not to, then you do not have a claim. For a meal break to be compliant, not only does the timing need to be correct, but your employer should also allow you to be relieved of all duty for no less than 30 minutes. It is also correct that should you not be provided with a timely meal break, then the employer must pay one additional hour of pay at your regular rate of pay for each workday that the meal period is not provided (CA Labor Code 226.7). You may want to contact an experienced employment attorney near you. Also, you can find more information about meal period requirements and how to file a claim here: http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm I hope this was helpful to you, and good luck.

I agree with the previous answer. I would add that whether you were told to wait to take your break or whether you voluntarily chose not to take your break often turns into a "he said - he said" battle. The point is to get proof before you file a claim. You have the burden of proof so if it is just your word against theirs, you will have a tough time winning. If other employees can back up your story, that is good proof. If you can lure your boss into sending you an e-mail or some other document telling you to wait to take your break, that is great proof. Maybe send your boss an e-mail every now and again around noon letting him know you will be taking your lunch "early" and stating when you will be back. They cannot retaliate against you for exerting your rights to take a lunch break within the first 5 hours. If they e-mail back and ask you to hold off until later, you should have what you need to win.