Meal Breaks and Rest Breaks
Under California law, most hourly (non-salaried) employees are entitled to paid rest breaks along with unpaid meal breaks during their shifts.
Unfortunately, employees are denied this right due to their employer. Some employers may directly prohibit an employee from taking their break or indirectly pressure or intimidate their employees from taking their break.
At W Employment Law, we will fight for your rights if your employers have prevented you from taking your legally mandated meal or rest breaks. Based on the situation, you may be entitled to compensation.
Meal Breaks: Understand Your Rights
Every non-exempt (hourly) employee is entitled to at least thirty minutes of uninterrupted break time for every 5 hours worked. Most exempt (salaried) employees are entitled to a meal break.
If you work at least five hours in a workday, you are entitled to a thirty-minute, unpaid meal break.
If you work at least ten hours, you are required to take a second unpaid, thirty-minute break.
During these breaks, you cannot be expected to perform any work-related tasks, and you must remain completely uninterrupted. With the exception of rare exceptions, you must be allowed to leave the premises during your break.
Rest Breaks: Understand Your Rights
As a non-exempt (hourly) employee, you are subject to at least ten minutes of paid rest per 3.5 hours worked.
If you work seven hours or more, you are legally permitted to take at least two paid breaks of ten minutes or more.
If you work ten hours or more, you are entitled to at least three paid ten-minute breaks,
Similar to meal breaks, your rest breaks must be undisturbed, and you can not be expected to perform any work-related tasks during your break. Except for rare exceptions, you must be allowed to leave the premises during your break.
If your employer refuses your right to take a meal or rest break or refuses to pay you for the break time, it is probable they are violating the law. Depending on the case, you may be entitled to compensation. Contact us [link to contact page] to schedule a free, confidential consultation to discuss your case and evaluate the best path forward.
How California Employers May Violate Your Rights
Below are common instances where employers may be violating your right to rest and meal breaks:
- Failing to properly account for and compensate you based on your break time
- Not providing a suitable location for you to take a break
- Interrupting you during your break
- Requiring you perform work during your break
- Discouraging you from taking breaks
- Requiring you to remain on-site during your break
- Misclassifying you as an “independent contractor” rather than an employee
- Misclassifying you as an “exempt” employee
These are only a few of the instances where your employer may be violating your rights. If you believe your employer may be violating your rights in any way, please contact us today.
We’ll Fight for Your Rights.
If you anticipate that your employer may be violating your rights, we can help. W Employment Law is focused exclusively on protecting the rights of employees and advocating for compensation when violated. Fighting for your rights is all we do! We work only on a contingency basis, meaning we only get paid if we win the case, diminishing any out-of-pocket costs! We have litigated and settled cases collecting millions of dollars in awards and compensation for clients whose employers have failed to reimburse employees for work-related expenses. These circumstances are optimal for class action treatment. Please contact us today to schedule a free, confidential consultation.
