Meal and Rest Period Violations
Under the California Labor Code, every employer is required by law to allow meal periods and rest periods to his/her workers.
One of the most common violations of the employee rights is a failure to permit workers from taking an uninterrupted, 30-minute lunch break. If an employee works at least 6 hours in a workday, the employer is obligated to provide an uninterrupted 30-minute meal break. During this meal break, the employee must be free to leave the premises. For shifts over 10 hours, employees are entitled to a second meal break of 30-minutes.
However, if your employer requires you to do work of any sort through lunch breaks, i.e. if you are on standby and can be called on to work at any time during the “break” and if you are not allowed to leave the premises during the break. Under these circumstances, you are entitled to an hour of pay for each meal period that you miss or is not complaint with the law.
As far as rest breaks are concerned, every worker is entitled to a 10-minute break every 4 hours of work. To the extent feasible, for shifts of at least 8 hours, the employer must provide one rest period before the meal period, and one rest after the meal period. Your employer cannot dock your pay for these rest breaks. If any rest break is denied by the employer, the worker is entitled to an additional hour worth of pay for each rest period missed.
If you feel that you are not being permitted to take your meal and/or rest periods, contact a lawyer at Falakassa Law, P.C. We have handled missed meal and rest period class action lawsuits over the years, and have valuable experience to hold employers accountable for their failure to provide meal and rest periods.
Give us a call at (818) 456-6168 to speak an experienced employment lawyer.