When Meal And Rest Breaks Don’t Happen, What’s Next?
Employment laws in California say that workers who are paid hourly (nonexempt employees) and work more than four hours a day are supposed to have one 10-minute break, and they should receive two 10-minute breaks for an eight-hour shift. Nonexempt employees who work at least a five-hour day are also entitled to an additional 30 minutes of unpaid break time.
If a worker is routinely not getting a meal and/or rest break, that person has a right to ask for it. Sometimes, the request is granted but the employer will retaliate against the worker subtly or by wrongful termination. An employment lawyer can address these situations. Contact me today.
I recently had a case in which a dispatcher had to be on duty at all times during his shift. It was impossible to take a break away from the workstation. We were able to file a wage claim that resolved that matter successfully.
What To Do If Your Rights Were Violated
Talk to an experienced employment law attorney about your wage and hour questions, your unpaid overtime questions, or your meal and rest break questions:
- What do you do when you are taking a break but working at the same time?
- What do you do when you are not allowed to leave the floor to take your break?
- What do you do when you are offered a lunch break but it is very difficult to actually take any breaks away from work at all?
I can help you make a decision about how to move forward with your life if you don’t know whether you have a case against your employer.
Your Meal And Rest Breaks Are Your Right
I handle cases primarily on a contingency fee basis. This means that you do not pay an attorney fee unless I recover damages. Call 619-618-2419.