Employees are generally given times during their shift for meal and rest breaks. However, many employers try to override a worker’s rights by forcing them to skip or work through their meal breaks. They may also try and manipulate or guilt the worker into skipping rest breaks and refuse to pay them for the time they are legally owed.
We all need to pay bills and fear the possibility of being without employment. Employers are well aware of this fact and take it for granted that the workers will put up with the abuse. Furthermore, many people fail to take legal action because they do not know how to proceed with a meal and rest break violation complaint. Our legal team is here to educate you on the labor laws and what to do if your employer is committing meal break violations. Contact California Labor Law Employment Attorneys Group today to speak with our legal experts during a free consultation.
Meal Break Laws in California
As a non-exempt worker, your right to breaks and rest periods is protected by state laws. In California, a rest period is defined as paid 15 minute increments of time for every 3.5 hours of work. For most workers, this works out to 2 break periods per day.
Employees also have the right to meal breaks, which are not paid. However, the break period, which must be at least 30 minutes, must be uninterrupted, meaning that the employee must be left to do what they wish during this time. Their rights include being able to leave the worksite for the duration of the meal break. Employers are also forbidden from doing or saying anything that discourages the employee from taking a meal break.
Please note that that meal breaks must be taken no later than 5 hours into an 8-hour work shift. If the employee is working no more than 6 hours a day, they may choose to waive the meal break, but this would have to be discussed with the employer, as if will impact the worker’s hours and wages.
The Right to a Second Meal Break
Another consideration involves employees that work a shift that is longer than 10 hours. A shift of more than 10 hours requires a second meal break that must be scheduled no later than 10 hours from when the worker began their shift. A worker can choose to waive the second meal break; however, they can only do so if their shift does not exceed 12 hours.
There are cases of emergencies and other unseen circumstances where an employee may need to work through the second meal period. The employer must compensate the worker by paying them for one hour of work at their regular rate (i.e., not overtime). If both meal breaks are missed, the worker is owed 2 hours of pay at the normal rate.
If your employer is continually denying you meal breaks without just cause or not compensating you for this time, they are breaking the laws that are established by the State of California. Workers in this situation can choose to file an employment rights claim, which can result in financial penalties for the employer.
Suing You Employer for Missed Meal Breaks
If you are continually denied break times at your job, you may have thought of filing a lawsuit against your employer. Maybe you are not the only one at work whose rights are being violated, and your coworkers have also complained about not getting break times they are entitled to by law.
It’s essential to understand your rights and the eligibility requirements to file a lawsuit. For one thing, you must have evidence of your employer actively preventing you from taking breaks times that you are entitled to. This is not always easy to establish, as many of the insinuations, intimidation, guilt trips, etc., are verbal in nature. And bosses often catch you at the last minute by coming up to you as you are trying to leave and pleading for help with a task or project.
You must also assert your rights to a meal break by saying no if your employer asks you to work through this time. We know that standing up to your supervisor can be scary, but if you do not object and choose to put up with their requests, your employer can argue that you consented to waiving your meal breaks. That, in turn, would make it difficult to sue your employer and show that they prevented you from going on your lunch break.
You must also be a full-time, non-exempt worker to file a claim for denial of meal and rest breaks. In California, you are a part time worker if you work 5 or less hours per day. Part-time employees are not entitled to a 30 minute, uninterrupted meal period. With that in mind, you should keep records of the hours you work via paystubs, employment contracts, and other documents.
We also advise that you contact a Los Angeles employment lawyer as soon as possible. Most people have no experience with labor agency claims at the federal and state level, or how to proceed with a lawsuit for monetary damages. As a result, it is very difficult to fight against an unscrupulous employer without a skilled attorney by your side. The wage and hour complaint lawyers at our law firm are here to represent your interests and bring you the results you need and deserve.
Help from a California Employment Lawyer
Representation from an attorney is crucial when you are going up against an employer that does not care about your rights in the workplace. California Labor Law Employment Attorneys Group has a proven track record of recovered settlements on behalf of workers just like you, and we are ready to help you navigate the legal system.
We do not charge any payments upfront, so you can hire us for $0 under the Zero Fee Guarantee. Legal expenses are covered by your employer as part of the compensation for a meal and rest break violation lawsuit. So, if we do not resolve the case in your favor, you do not pay any legal fees.
For more information on suing for missed meal and rest breaks in California, contact our office and schedule a free case evaluation.
