Violation of Lunch Break Laws & Additional Overtime Claims
Note that overtime claims can sometimes be implicated in meal break cases. When an employee is told to clock out for a meal break but is required to keep working, the employee may end up working more than 8 hours a day or 40 hours a week. In such a case, the worker would be entitled to recover unpaid overtime wages at time and a half as well as the premium penalty for the missed meal break.
Reach out to our experienced attorneys at Gaines & Gaines for more clarification on your rights to meal breaks and what to do if your employer has infringed upon your rights. Under CA meal break law, you deserve meal break requirements met. Contact us should you need an employment law attorney.
What Is California Rest Break Law?
Employees are also entitled to rest periods as well as meal breaks. For every 4 hours on the clock, an employee is entitled to a 10-minute paid break. As much as practicable, the break should be given in the middle of the 4-hour period (after 2 hours of work).
So, an employee who works an 8-hour shift is entitled to two paid 10-minute rest breaks and one 30-minute unpaid meal period. As with meal breaks, the penalty for not giving a rest period is that the employee is owed one hour of pay for every day a break is denied.
Rest period violations can be difficult to prove because employers are only required to make the break available – employees are not required by law to take them. Whether an employer adequately communicated that a break was freely available and whether an employee knowingly and voluntarily waived a break time can be difficult to establish in court.
How Can a California Employment Law Attorney Help With a Break Law Dispute?
If you're facing issues with break time compensation in California, consulting with an experienced employment attorney can be critical. The complexity of California break laws, including specifics about the California meal penalty and other regulations around lunch breaks in California, can be difficult to navigate without professional guidance. An attorney experienced with these laws can help ensure that your rights are protected and that you receive any compensation you may be entitled to for violations of California break time regulations.
The services provided by employment attorneys in this context include:
- Evaluation of Your Case: Analyzing your work situation to determine if there has been a violation of California break laws.
- Explanation of Laws and Rights: Offering a detailed understanding of your rights concerning lunch breaks in California and rest periods.
- Representation in Disputes: Acting as your advocate in any disputes with your employer regarding break time in California, including negotiations and, if necessary, courtroom representation.
- Filing Claims: Assisting with the preparation and filing of claims for violations, including claims for California meal penalties.
- Negotiating Settlements: Negotiating with employers to secure a fair settlement for any owed compensation due to break law violations.
- Guidance Through the Legal Process: Providing step-by-step guidance through the legal process, ensuring that you understand each phase and what is expected.
- Recovering Unpaid Wages: Helping to recover not only the premium pay for missed breaks but also any other unpaid wages or overtime that may be owed due to misclassification or other wage and hour violations.
- Protection Against Retaliation: Offering protection and legal recourse in cases where an employer might retaliate against an employee for asserting their rights under California break laws.
By leveraging the expertise of a qualified employment attorney, workers can effectively address issues related to break time compensation and ensure their rights under California labor laws are fully protected.
FAQ: California Meal & Rest Break Law
1. What does California’s meal break law require?
Under California law, employees who work more than 5 hours are entitled to a 30-minute unpaid meal break. This break must be taken within the first 5 hours of work, during which the employee is relieved of all duties and free to leave. If an employee works over 10 hours, they are entitled to a second meal break, which can be waived if certain conditions are met.
2. What happens if my employer doesn’t provide a meal break?
If an employer fails to provide a required meal break, the employee is entitled to an additional hour of pay at their regular rate for each day the meal break was missed. This penalty compensates employees for missed breaks due to employer non-compliance.
3. Can my employer require me to work during my meal break?
No. During a meal break, employees must be completely relieved of all work duties. If an employee is required to work through their break, this can result in not only break penalties but also potential unpaid overtime claims if it pushes their work time over 8 hours in a day or 40 hours in a week.
4. What is California’s rest break law?
Employees are entitled to a 10-minute paid rest break for every 4 hours worked. The break should ideally be provided in the middle of the 4-hour period. An 8-hour shift would thus include two paid 10-minute breaks, in addition to the unpaid meal period. If rest breaks aren’t provided, employees are owed an additional hour of pay for each day a break was missed.
5. Am I required to take my rest breaks?
No, California law requires only that employers make rest breaks available to employees. However, it must be clear that employees are free to take the break. If an employer pressures employees not to take breaks, they may still be held liable for penalties.
6. How can an employment attorney help with meal and rest break violations?
An experienced employment lawyer can help you:
- Evaluate your case to identify violations.
- Explain your rights regarding breaks and compensation.
- Represent you in disputes or negotiations with your employer.
- File claims for unpaid wages, meal break penalties, or overtime.
- Secure settlements or litigate on your behalf to recover owed compensation.
7. Can I claim both break penalties and unpaid overtime if I worked through breaks?
Yes, if you were required to work through a meal or rest break, you may be eligible for both the break penalty and any additional overtime pay. This is especially relevant if missing breaks caused you to work beyond standard hours.
8. What protections are there against retaliation if I report a break violation?
California law protects employees from retaliation if they file complaints about labor law violations, including break time disputes. If your employer retaliates against you for asserting your rights, you may be entitled to additional damages and legal remedies.
9. Is there a time limit for filing a meal or rest break violation claim in California?
Yes, the statute of limitations for meal and rest break violations is typically three years. However, consulting with an attorney promptly can help ensure that you file within the required timeframe and maximize your potential recovery.
Let Gaines & Gaines Fight For You
The Calabasas employment attorneys at Gaines & Gaines have significant experience enforcing California’s labor laws, including class actions based on employer violations of the law across a workforce. If you believe that you have been unfairly denied meal breaks or rest periods, consult an attorney at Gaines & Gaines for a professional evaluation on how to proceed with your claim.
You have a right to meal and rest as an employee. Contact Gaines & Gaines online immediately if your rights have been infringed upon.
