Meal and Rest Break Violation

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California labor law stipulates workers or employees are entitled to a meal break or rest breaks based on specific requirements or conditions.

While choosing to work voluntarily through your meal or rest period is not considering a violation, employers are legally forbidden from infringing on your meal and/or rest breaks by demanding your presence or asking to stay “on call”. Employers who deny their employees meal or rest breaks are liable for one hour of the employee’s wage per break that was denied to them.

If your employer fails to provide adequate meal and rest breaks or falsely manipulates your hours, they may be breaking the law. Indeed, California imposes strict penalties on employers who fail to pay overtime, require their employers to continue working “off the clock,” or fail to provide a 30-minute break for every five hours worked. 

If you suspect that your employer may be guilty of meal and rest violations or wage theft, you need to be aware of your legal options. Our team will help identify whether you have been treated unfairly and can assist you in getting the compensation you are owed.

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Common Meal and Rest Break Violations

How many breaks am I entitled to during an 8-hour shift in California?
Most California employees are entitled to one unpaid 30-minute meal break and two paid 10-minute rest breaks during an 8-hour shift. Your employer must provide these breaks according to California labor laws.
Generally, no. Your employer must relieve you of all work duties during an unpaid meal break. If you’re required to answer calls, help customers, or continue working, your employer may be violating California labor laws.
You may be entitled to one additional hour of pay for each workday with a meal break violation and another hour for a rest break violation. The amount depends on your regular rate of pay and the circumstances of your case.
California allows employees to waive their first meal break by mutual consent when their total workday is no longer than six hours. For longer shifts, different rules apply, and simply agreeing to skip lunch may not satisfy legal requirements.

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By clicking "Submit Your Case", you agree to the terms and conditions and the privacy policy. You may opt out at any time. By submitting this form, You also agree to receive text messages from Employment Law Assist, APC.

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