Your Right to Rest Breaks Under California Law

Ask Yourself:

 

Q:   

Q:    

Are you unable to take periodic rest breaks, free from job duties?

Do you work in the retail, financial services, security, restaurant and/or high tech industry in California in an administrative, management, customer/client services and/or sales position?

 
 

If so, consider this:

 
 

One of the most common wage violations arises from employers' ignorance about when employees are "exempt" from overtime wages and entitled to other benefits like uninterrupted rest breaks. These practices cause stress in the workplace, negatively impact employee health and create hardships for families. If you think this only happens to small companies, think again. Many Fortune 500 companies have been sued for such violations and have, collectively, paid well over a billion dollars to settle them.

Typical samples of situations faced by our clients include:

    Employees misclassified as "salaried" yet who perform many hourly worker tasks.

    Employees denied uninterrupted 10-minute rest breaks or 30-minute meal periods.

    Hourly employees pressured to work "off-the-clock" or paid a sub-standard wage.

    Employees required to make purchases to benefit the company without reimbursement.

An employer may not employ an hourly worker for a work period of more than five hours per day without providing the employee with a lunch break of at least 30 minutes. As a practical matter, this means non-exempt workers should try to take lunch breaks as close to the middle of the shift (assuming an eight hour workday) as possible. In some situations, the lunch break may be waived by mutual consent of both the employer and employee.

Finally, if you work more than 10 hours in a day, the employer must usually provide you with a second lunch break of at least 30 minutes.

Make sense? If not, just call us.

    What happens if my employer refuses to let me take lunch breaks?

You may be entitled to receive one extra hour of pay every day if your employer violates the lunch break laws. You may be entitled to two hours of pay if your employer violates both lunch AND rest break rules on any given day.

Bottom line: If your employer is violating these rules on a regular basis, you may be entitled to a significant amount of back pay.

 
     
 

Who we are:

 
 


Our California law firm focuses on overtime pay, unpaid bonuses and wages, meal/rest breaks, uniform or expense reimbursement and discrimination cases. For nearly two decades, we have successfully done so for one reason: Our experienced attorneys know the law and fight hard so that our clients are fairly paid for the work they perform.

To see our successes litigating these real-life disputes against many companies you have heard of, click here.

If your employment rights have been violated and you have been denied periodic rest breaks on the job, you need an established, aggressive law firm that spares no effort to resolve your dispute. You have nothing to lose and, potentially, everything to gain.

 
     
 

 

Telephone: (510) 891-9800 • Toll Free: (877) 367-6477 • Email us

An Oakland, California-based law firm helping employees
across the nation.

 

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© 2011 Scott Cole & Associates, APC