What Is Failure To Provide Lawful Meal And Rest Breaks?
If you are an hourly- paid, non-exempt employee, you are entitled to meal and rest breaks in accordance with the regulations provided in Federal and California law. If your employer does not follow the law, they have failed to provide you with lawful meal and rest breaks, and you may be entitled to meal and rest period premiums.
If you believe your employer has failed to provide you with all your meal and rest breaks, do not hesitate to contact the employment lawyers at Brock & Gonzales LLP. Send us an email or call 310-294-9595. We have offices in Los Angeles, Oakland, and Sacramento, and our attorneys fight for the rights of employees throughout California.
When are you entitled to a meal break?
If a non-exempt employee works for more than five hours, they are entitled to an off-duty meal period that is at least thirty (30) minutes long, at the end of the employee’s fifth hour of work. If the employee is not working longer than six (6) hours in a workday, the meal period can be waived by mutual written consent of the employer and the employee. If a non-exempt employee works more than ten (10) hours, they are also entitled to a second meal period that is at least thirty (30) minutes long, at the end of the employee’s tenth (10th) hour of work. If the employee is not working longer than twelve (12) hours in a workday and the first meal break was not waived, the second meal period can be waived by mutual written consent of the employer and employee.
When are you entitled to a rest break?
If a non-exempt employee works more than three and one half (3 ½) hours, they are entitled to an uninterrupted, off-duty, ten (10) minute break at the rate of ten (10) minutes for each four (4) hours they work, or every substantial fraction thereof.
What is a complaint meal or rest break?
For a meal and rest break to be compliant, it must be timely, it must be uninterrupted, it must be a full thirty (30) minutes or ten (10) minutes long for a meal or rest period respectively. The employee must be relieved of all work-related duty, and the employer must relinquish all control over the employee’s activities.
What are you entitled to if you suffer a noncompliant meal or rest break?
If you suffer a noncompliant meal or rest break, you may be entitled to an additional hour of pay at your regular rate of pay for each day that you suffered a violation.
Contact A California Employment Lawyer
Brock & Gonzales LLP specializes in wage and hour cases. If you feel your employer has failed to provide complaint meal and/or rest breaks, contact us to set up a free consultation. Please call 310-294-9595 or reach us by email. With offices in Los Angeles, Oakland, and Sacramento, we fight for the rights of employees statewide.