Rest and Meal Break Violations
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While federal law outlines the conditions under which employers must pay employees for breaks, California law goes further and requires employers to give employees breaks when workers meet certain conditions. Not paying employees for the necessary break times or not even providing employees with these breaks in the first place constitutes as a violation of the law – and creates grounds for filing a legal claim.
Why Choose Us as Your Lawyer
When your rights as an employee are at stake, the attorneys at Rafii & Associates, P.C. can help you protect them. We have familiarity with all aspects of employment law, including those regarding rest and meal break violations. When you entrust your case to us, you’re working with attorneys who:
- Have successfully recovered more than $100 million for our clients through settlements and offers
- Foster long-term relationships with our clients by remaining available to them 24/7, and working weekends and nights to ensure quality legal representation
- Treat every case with the passion, commitment, and dedication it deserves to see a successful resolution
Get the legal representation your case deserves. Reach out to the attorneys of Rafii & Associates, P.C.
Why Do You Need a Lawyer?
When you don’t receive appropriate rest and meal breaks and work or incorrect payment for work done during these times, your health and financial well-being can be at stake. While it’s possible to handle your claim on your own, you can put yourself at a disadvantage during filing and if the case leads to a complete lawsuit. Working with an attorney gives you the knowledge, resources, and support you need to successfully file your claim and protect your rights.
Rest and Meal Break Laws in California
California rest and meal break laws further enhance existing federal laws about break times and payment. Under federal law, employers must pay employees for any breaks ranging between five to 20 minutes as part of the regular workday, while any break that lasts for at least 30 minutes does not need to be paid if the employee does not have any work duties during that time. However, if an employer does not allow breaks, these laws do not come into play.
California enhances these laws by requiring employers to provide a 30-minute unpaid meal break once an employee has worked for five hours. An employee may waive this right if his or her shift lasts for six hours or less. Employees who work 10 hours have a right to a second unpaid 30-minute meal break during their shifts. If the shift does not last for more than six hours, an employee may waive the second meal break, but he or she cannot waive the right to the first one.
State laws also require employers to provide rest breaks. These breaks constitute of one paid 10-minute rest period for every four hours of work, so long as the total daily work time is greater than three and a half hours. If practical for the job, these 10-minute break periods should fall in the middle of the four-hour block.
Who Is Liable?
Supervisors and employers are liable for failure to provide the necessary breaks to their employees. Likewise, they are also liable if employees do not receive appropriate payment for their break times, such as paid time for breaks as required for federal law. If a supervisor or employer adjusts your work hours with break times you did not take to avoid paying you for regular or overtime hours worked, he or she is also liable.
Your Rest and Meal Break Violation Attorney
Rest and meal breaks are essential for employees to continue working efficiently and keep their mental and physical health in good condition. If your employer isn’t providing you breaks or paying you for required break times, these continual violations can add up to have a large financial and physical impact. Schedule your free consultation with Rafii & Associates, P.C. to protect your rights.