When California workers begin their duties each day, they may feel that a lunch break or a few minutes of rest is a luxury. They may not know that employers are required to give their employees meal breaks and rest periods every day. If they don’t, they may owe their employees extra money.
Lunch or dinner breaks aren’t the only rest periods employees are entitled to under California labor laws. Employers must provide these mandated breaks or face stiff penalties. It’s critical that employees reporting rest break violations know they are protected from retaliation and could be in line for substantial compensation.
Schedule a Free Consultation with a California Rests and Breaks Employment Lawyer
Maison Law exists to help California employees seek justice for being denied required breaks during their shifts and for many other workplace violations.
We help victims recover what is legally owed to them. Contact us for a free consultation and we will listen to your case, explain your full range of legal options, and help you decide whether or not your case is worth pursuing with the help of an attorney.
The consultation is completely confidential and you are under no obligation to work with us. Even if we don’t represent your employment case, we will be happy to point you in the right direction.
Rest Period and Lunch Break Employment Laws in California
In California, the “Industrial Welfare Commission Wage Orders” force employers to provide rest periods and meal break time for all non-exempt employees.
The rest period, when possible, should occur during the middle of a shift. The required break is calculated as at least ten-minute periods of rest for every four-hour work period. A rest period is not required for employees whose total daily work time is less than three and one-half hours. Rest periods are paid breaks since employees do not clock out for them.
The meal period requirement for California employees is a bit more complicated, but no less enforceable.
These are some of the rules governing meal breaks for non-exempt employees:
- An employee working more than five hours in a day is entitled to a meal period of not less than thirty minutes.
- Employees working six hours or less may waive a meal break with the consent of the employer.
- A second meal period of thirty minutes or more is required for someone working more than 10 hours in a day.
- Employees working only twelve hours or less may waive the second meal break with the consent of the employer.
- Employees may take an “on-duty meal break” if their duties require it, but that time counts as work hours and the worker will be paid for it.
- If employees aren’t allowed to leave the worksite for their meal period, the employer must pay them for the meal period. The time counts as on-the-job hours.
- Employees who work through a meal break or rest periods are not entitled to leave work early.
There may be different laws or adjusted guidelines for people in certain industries such as those working in construction or agricultural and farming jobs. However, these workers still have rights to breaks and rest. Contact a skilled California Labor Lawyer to find out if your rights have been violated.
When rest period or meal period violations occur it’s critical that victims call a California Employment Law Lawyer. These laws are in place to protect the health and welfare of workers. When they aren’t followed an attorney can help victims file a claim or sue to have those hours and minutes added up and repaid as wages to the victims.
California Break Time Requirements for Lactating Mothers
Labor Code Section 1030 protects new mothers who are breastfeeding their babies. Every employer is required to provide a break period to allow an employee desiring to express breast milk the time to do it. This break is provided each time the employee has a need to express milk.
Companies must also provide adequate space for mothers to pump breast milk. Employers who fail to meet these requirements would have to pay one hour’s wage at the employee’s regular rate of pay for each violation. In addition, a business owner or corporation could be fined an additional $100 a day for each day an employee is denied lactation accommodation rights.
When employers deny mothers the time and space to express breast milk on the job, victims should reach out to a California Lactation Employment Violations Lawyer. In a free consultation, mothers can learn what their case is worth, and how to earn the maximum in compensation for the indignities they’ve had to endure.
How Much in Compensation Can I Earn for a Break Time Violation Claim?
California’s Industrial Commission Wage Order also clearly lays out the punishment for employers who bar workers from taking breaks and rest periods.
A claim may be filed with the California Labor Commissioner or a lawsuit can be filed against the employer. If the claim is substantiated, the employee is awarded these damages:
- Compensation for Employees After Rest Period Violations: If an employer is found guilty of failing to provide an employee a rest period, the employee would be compensated. The employer would pay one additional hour of pay at the employee’s regular rate of pay for each workday that the rest period was not provided.
- Compensation for Employees After Meal Break Violations: If an employer is found guilty of failing to provide an employee a meal break, the employee would be compensated. The employer would pay one additional hour of pay at the employee’s regular rate of pay for each workday that the meal break was not provided. This additional hour does not count toward overtime pay.
How Long Do I Have to File a Claim over a Meal Break or Rest Period Violation?
Three years. Violations of meal breaks and rest period guidelines would need to be filed within three years of the alleged rest period violation. Lactation violation claims would also need to be filed within three years.
Contact a California Meal Break and Rest Period Violation Lawyer
Maison Law of California offers a free consultation to any worker who feels they’ve had their rights to breaks and rest taken away. This legal consultation is completely confidential, and your employer would not be informed about it.
It’s a no-risk way to find out if you have a strong case against your company. It’s also a good chance to learn what you could demand from an employer. Your employer’s lawyers may try to convince you that you shouldn’t follow through with a claim. However, your California Wage and Hour Disputes Lawyer might offer you a much different view and you could be in line for substantial compensation for the time you’ve lost.
Our California labor attorneys have extensive knowledge of state and federal employment laws and we use that knowledge to the benefit of our clients. Don’t give your employers free work hours at the cost of your mental and physical health.
