When you are at work, does your employer deny you lunch breaks or force you to work through your scheduled break time? If so, your employer may be violating California labor laws. Seeking help from qualified legal counsel can help ensure that you receive what you are owed.
At The Law Offices of Scott A. Miller, APC, our attorneys are dedicated to protecting the rights of workers in California. We have extensive experience representing scores of workers in class action suits when employer abuse is widespread. To learn more about how we may be able to help you, call 800-417-2008.
When Are You Entitled To A Lunch Break?
If you work more than five hours a day, the law entitles you to a lunch break of no less than 30 minutes. If you work more than 10 hours a day, you are entitled to two 30-minute lunch breaks. In some cases, you and your employer can agree to waive your right to a lunch break. However, if you work more than six hours a day, neither you nor your employer can waive your right to a 30-minute lunch break.
What Counts As A Meal Break?
During a meal break, you should be relieved of all duties and be free to leave the premises for the 30-minute period. If you are not relieved of all duties and/or are not allowed to leave your workplace, the meal period is considered an "on duty" meal period and you are entitled to be paid your regular hourly rate. On duty meal periods are permitted only when the nature of the work prevents you from being relieved of all duties, and when there is a written agreement between you and your employer.
What Happens If My Employer Doesn't Provide Me With The Required Meal Break?
Your employer must pay you an additional hour of pay at your regular rate for each workday that a meal is not provided.
If You Believe Your Employer Is Violating Lunch Break Laws, Contact Us
If you are being denied breaks at work, your employer may owe you financial damages. Call us at 800-417-2008 or contact us online to schedule a consultation with our lawyers.
We represent clients in Bakersfield, El Centro, Fresno, Long Beach, Los Angeles, Oakland, Redding, Sacramento, Salinas, San Bernardino, Oakland, San Diego, San Francisco, San Jose, Santa Ana, Santa Barbara, Santa Rosa, Stockton, Van Nuys and throughout California.
Meal Breaks and the California Labor Code
After several years of representing employees in class action lawsuits, whereas I bring suit against the employer on behalf of all the hourly employees who did not receive a meal break or if the employees did receive meal breaks, the meal breaks were consistently late.
What the Law on Meal Breaks in California for non-exempt employees?
If an employee works more than 6 hours in a workday, a meal break must be given to the employee by the fifth hour of work. What is a meal break? A meal break is a 30-minute uninterrupted period of time where the employee is off-the-clock. The employee cannot be burdened with remaining at the job location, answering the phone, replying to work text messages or anything else related to work.
Which groups of employees do I hear from the most?
I mostly hear from hourly employees of large employers. For example, security guards are not relieved at all or not relieved by the fifth hour. Persons that work the sales counters at department stores. Cashiers. Inbound tech or sales support. Service employees who work out of vans or trucks. Delivery persons and messengers.
This is just a small sample of employees that work in these type of industries. However, the list goes on and on.
Compensation $$$$$$ from your employer
The law imposes upon an employer for not providing a proper meal break to an employee a penalty. The penalty is 1-hour of pay at your regular hourly rate of pay. So, if this is happening each and every day, you can imagine that the employer will be on the hook for a tremendous amount of penalties that are due to you.