Don’t Let Your Employer Violate Your Right To Meal And Rest Breaks
Failure to provide meal and rest breaks is a serious employment law violation in California. If your employer has denied your right to meals and paid rest breaks, you could be entitled to significant meal or rest break wages, especially if your meal or rest break rights have been violated over the course of weeks or months.
Our attorneys have extensive experience in this complex area of wage and hour law, and we know where to look to uncover violations. We are a dedicated, respected team of trial lawyers who will not hesitate to fight for you in court if that is the best option for your case. We proudly represent individual employees and groups of employees whose rights to meal and rest breaks have been violated. We want to help you, too.
To arrange a consultation with an experienced employment law attorney, please call GrahamHollis APC at 888-727-0328 or contact us by email. We represent workers in San Diego and throughout California.
Your Right To Paid Rest Breaks
If you are a nonexempt employee in California, your employer must provide you with a paid 10-minute rest break for each four-hour period you work, or major fraction thereof. If your employer does not authorize or permit a rest break, you are entitled to one additional full hour of pay for each workday that your employer did not provide you a paid and completely free of duties rest break.
Your Right To Meal Breaks
In California, if you are a nonexempt employee, your employer is required by law to provide you with a meal break of at least 30 minutes when you work more than five hours a day before the end of your fifth hour of work. Your employer is also required to provide a second meal break of at least 30 minutes if your work period extends beyond 10 hours.
Generally, meal breaks must be at least 30-minutes long and completely free of all duties. So, for example, even if you are allowed to take a break, it may be noncompliant if your employer makes you monitor a walkie talkie on your break or doesn’t allow you to leave the premises. You are entitled to an hour of pay each day you are not provided with a fully compliant meal break.
California Meal And Rest Break FAQ
What is a meal break penalty? What is a rest break penalty?
Meal and rest break penalties are penalties that employers must pay for violating California’s meal and rest break laws.
- The current meal penalty in California is one hour’s wages for each day the employee did not get a meal break.
- The current rest penalty in California is one hour’s wages for each day the employee did not get a rest break.
- If the employer failed to provide any breaks, the employee may be entitled to significantly more wages through break-time penalties and damages.
Are rest breaks mandatory in California?
Rest breaks are generally mandatory in California. You may agree with your employer to forego a rest break, but you are still entitled to a break-time penalty, even if you and your employer decide that you can skip a rest break. Employers are required to provide paid rest breaks in California.
How long can you work without a rest break in California?
Generally, you are supposed to get a 10-minute rest break for each four-hour period you work.