It’s not uncommon for employers to fail to provide hourly-paid employees with work-free rest periods during working hours. At the same time, many employers routinely will require employees to work through their lunch period or waive their lunch break completely. Both are a violation of California employment law.
LynchLaw: California Employment Law
California law stipulates that employers must give hourly-paid employees one 10 minutes paid rest period for every four hours worked. This is due to the fact that rest periods are considered to be a part of the working hour. If an employer fails to follow the law, the employer must pay the employee one additional hour of pay at their regular hourly wage. These types of violations can expose both small and large companies to potential liability. It’s important to note the both federal and California laws protect you from any type of retaliation for requesting your wage rights or reporting a company violation. If you feel that your company has violated the law with regard to your wage and hour rights, contact attorney Michael Lynch. You may be able to pursue a class action or individual lawsuit against your employer.
Employment Law Attorney: Michael Lynch
According to California law, employees who work more than five hours a day are entitled to a lunch period of 30 minutes. For those who work more than 10 hours a day, employers must provide a a second 30 minute meal break. Meal breaks must not be interrupted, and employees must be allowed to leave the workplace. Unlike rest periods, meal periods are not considered part of the employee’s working hours. If an employer fails to provide the required time for meals, they must pay the employee one additional hour of pay for the work day when it was missed. And if an employer knows the employee was working during a meal period, the employer is responsible to pay an overtime wage for that time worked.
If you believe that you have been denied the required meal time or rest periods, take action and speak with LynchLaw.