California Meal & Rest Break Lawyer
Are meal breaks required by law? Presently, employers are not compelled by federal law to accommodate their employees with meal, lunch, or break periods. But the law does set obligations on employers who do so at their own discretion. Employers who give a non-meal period of twenty (20) minutes or less to a worker are required to pay the latter for their break time. Nevertheless, they are not required to pay their employees for a bona fide meal or lunch period that typically lasts 30 minutes or more. This is on the circumstance that the worker will have the freedom to do anything that they wish during their break time.
Employers may also need to pay a worker for their work during a supposedly unpaid bona fide meal or lunch break. For that reason the Fair Labor Standards Act may require employers to pay additional wages to an employee who has worked during that particular period. These payments may include inadvertent overtime wages endured.
If your employer fails to execute any of the above-mentioned actions in your workplace, he or she is liable for a meal break violation. On such occasions, it is imperative to seek legal assistance from expert meal and rest lawyers with extensive knowledge of California work break laws. With our attorney members utilizing years of experience in handling these particular cases, Law Mart are committed to providing you with an experienced meal and rest attorneys who are committed to giving you outstanding and competent legal assistance throughout your case.
How do Employers Provide Meal and Rest Breaks in California?
There are several U.S. states that mandate meal breaks, and California is one of twenty states that impose generally applicable meal break laws. Under California meal break laws, every employee should be given a minimum of 30 minutes of meal break periods for more than five hours of straight work a day. But if an employee renders work for more than 10 hours per day, employers are required to give them another meal break period of at least 30 minutes.
California is also one of eight states that implement generally applicable rest break laws for the private sector. A paid 10-minute rest break for each four-hour work period should be approved and granted to employees. This break should practically take place between each work period. Nonetheless, employees with less than 3.5 hours of total daily work time are not obliged to take the 10-minute break based on California Law.
Which Employees are Covered by California Work Break Laws?
The California rest break laws typically cover non-exempt employees in the state. But these statutes do not apply to executives, administrative workers, medical and legal professionals, and other exempt employees. There are also special requirements for meal and rest breaks that cover workers in the following industries:
- Healthcare and group-home care
- Manufacturing
- Heavy-duty operations
- Construction work
- Motion pictures
- Bakeries
- Professional driving
- Electrical, gas, and other utilities
For that reason, an example of these special rules is the break requirement for motion picture workers. Under IWC Order 12-2001, they should be given at least 30 minutes of breaks if they have more than six working hours at their job.
Moreover, California meal break laws also exclude construction workers, commercial drivers, private security officers, and utility company employees if a collective bargaining agreement with a clear provision for meal breaks applies to these workers.
Should Employers Force their Workers to Work During Breaks?
In accordance with the California Supreme Court, employers should provide their workers with available meal breaks. However, they do not need to make sure that workers take these breaks. The laws implemented by Lunch break in California also specify that employers should not make a worker wait for any client or be on standby for any work-related matters during meal breaks. Employers should also make sure that there will be another worker to take the place of the employee on break. This makes sure that the latter is free to leave the workplace in his or her downtime if desired to do so.
The on-duty meal break in California also has its exceptions. For instance, a sole employee at a coffee kiosk or convenience store and their employer may agree to an on-duty meal break. The employer will reimburse the worker for this type of break. It will also be regarded as the employee’s regular work time. Employers can only request their workers to be on-duty during their break in this particular exception.
Collection Damages for Meals and Rest Breaks
The extensive majority of employees in California have the right to the proper meal and rest breaks. The only time employers can refuse them is when there is a written agreement between them and the employee. Regrettably, these violations are some of the most common ways employers abuse their authority over their workers.
When an employer does not comply with the meal and rest break rights of their workers, employees can hold them liable for sustaining damages. Employees that win their case can recover damages for any income they lost while working for that company, whether they are filing a claim against a past or current employer. An Employer can be held liable for paying one hour of the employee’s wage for every day they violated the meal and rest break laws. Employees can also seek backdated pay for any overtime pay they did not receive.
Fight for Lost Meal and Rest Wages and Hours
A majority of all employees in California qualify for rest and meal breaks. The only time an employer can waive an employee’s right to meal and rest breaks is with a mutually written agreement with the employee, or if the employee does not work more than six hours in their shift. Alas, lunch and rest break violations are some of the most common ways employers abuse their power over employees. Violating California’s meal and rest rules can expose the employer to liability for damages – not just to reimburse the missing wages and hours, but also for additional penalties.
If you win a case against your employer for missed meal and rest breaks, you could be eligible to receive pay for missed wages. Your employer (past or present) will have to pay one hour of wages for each day he or she violated your meal or rest breaks, as well as any corresponding overtime pay for the missed hours. You could qualify for retroactive pay for wage and hour violations on top of any applicable penalties.. To learn more, sign up for a free consultation with an experienced employment lawyer serving Southern California & Northern California
What is the Penalty for California Employers with Work Break Violations?
Employers who do not provide meal and rest breaks in California are in violation of the California labor law on meal breaks, and are subjected to particular penalties under the State Law of California. California law sets the meal penalty for California employers who fail to give a bona fide break to non-exempt workers at an hour of additional pay for each workday that this violation takes place. As for rest break penalties, employers must also pay workers with another additional hour of regular pay for each workday that a rest break violation takes place at work.
California law also states that employers owe a maximum penalty of two hours of pay per day for missed meals or rest breaks. This is regardless of an employee’s total number of missed meals or rest breaks during a particular workday. In addition, employers can permit 1.5x regular pay to workers with eight-hour shifts if the former does not give rest breaks. This is for the rest break time that employers should have granted to these employees.
Employers must include the additional pay for any missed meal or rest breaks in the worker’s next paycheck.
Can Employees Sue their Employer for Meal & Rest Break Violations?
If an employer declines to honor meal and rest breaks to workers, they can be sued in court for loss wages. Workers can also file a class action lawsuit on behalf of other workers at the company who have experienced the same situation. A plaintiff generally has to file a meal or rest break suit within three (3) years of their employer’s alleged violation.
Employees can collect any of the following types of compensation from a meal or rest break claim as described below:
- Back pay for time worked during lunch breaks
- Damages for pain and suffering
- Punitive damages
Seek Legal Assistance from a Top Los Angeles Meal and Rest Breaks Attorney
A meal or rest break lawsuit can be complicated in every aspect. Your employer can even have an employment defense lawyer that can deny your claims, leaving you at a disadvantage if you try to settle them on your own grounds. Consequently, hiring an experienced loss wage lawyer is your best alternative if you are seeking just compensation from your employer. An adequate attorney can help you get a fair settlement and circumvent the ordeal of a court trial by serving as a skilled negotiator for your case. It’s imperative to consider hiring an experienced Meal Break Loss Wage Lawyer that fights for you each step of the way. Contact Law Mart for a free consultation at (310) 689-6413.
