Working all day without a lunch break can not only slow an employee’s productivity, but it can also be harmful to his or her health. As per section 512 of the California Labor Code, employees who work more than five hours a day are required to receive a minimum uninterrupted lunch break of 30 minutes. They’re not required to be compensated for that break though. If employees work more than 10 hours per day, another such break of at least 30 minutes must be given. The second meal break can be waived by an employee if he or she is working no more than 12 hours in a single day, so long as the first meal break wasn’t waived.
What Can I Do if My Employer Doesn’t Give Me a Lunch Break?
A lawsuit can be brought against an employer for the failure to give lunch breaks that are required under California law. Should the employee who brings the lawsuit prevail in it, damages can be awarded at the rate of one hour of pay for every lunch break that the employee was not permitted to take. Class actions can even be brought under section 512.
Retaliation by the Employer
Retaliation by an employer against an employee for complaining about or bringing wage and hour lawsuits is looked down upon by judges. If an employee is fired for bring such a complaint or lawsuit, California law sees that as a wrongful termination. Another case against the employer with other damages could result. Other forms of retaliation short of getting fired are frown upon to.
If you’ve been denied lunch breaks, or if you have questions about the lunch breaks that your employer allows, contact our offices to consult with a quality California employment law lawyer.
Contact our California Labor and Employment Lawyers today.
