Failure to Provide Meal Periods
Matern Law Group wage and hour attorneys have helped many employees whose meal period rights have been violated.
Under California law, an employee cannot work for more than five hours per day without being provided with a meal period of not less than thirty minutes. The only exception to this is if the employee’s total work period per is no more than six hours, in which case the meal period may be waived by mutual consent of both the employee and employer.
Where an employee works more than 10 hours per day, a second meal period of not less than thirty minutes must be provided. The only exception to this second meal period is if the employee’s total work period per day is not more than 12 hours period day, in which case the second meal period may be waived by mutual consent of both the employee and employer, but only if the first meal break was not waived.
There are other basic requirements for meal periods in California, including whether the employee has been relieved of all of his duties during the meal period, and whether the employee is required to required to remain at the worksite during the meal period. There are also certain exceptions to these basic requirements for meal periods. If you feel your meal period employee rights have been violated, please Contact Us to discuss your possible remedies.