California Meal and Rest Break Lawyers

California law protects an employee’s right to take uninterrupted meal and rest breaks. If you fail to receive breaks or receive short, late, or interrupted breaks, your rights may have been violated.

Practice Areas > Meal & Rest Break Lawyers

Rest Breaks and Meal Breaks are Required by California Law

If your employer is denying breaks, failing to provide breaks, or revoking previously granted breaks without your consent, the law is on your side. While some breaks may be waived by mutual agreement between you and your employer, they cannot be revoked by an employer without your approval.

Meal Break Laws

California’s labor code ensures lunch break rights for most hourly employees. In general, the law requires employers to provide an uninterrupted meal period of at least 30 minutes if an employee works more than five hours in a workday. These meal breaks generally need to conform to certain basic requirements, including the following:

Scheduling: Meal breaks should be taken at regularly established intervals throughout the workday.
Relief of Duty: During the break, employees must be completely relieved of all work duties. This means they can’t be answering emails, taking calls, or performing any job-related tasks.
Location: Employees have the choice of whether to stay at the worksite or leave the premises during their meal break.

Second Break: Employees who work more than 10 hours in a day are entitled to a second meal break of at least 30 minutes. There may be some exceptions to these rules depending on your specific industry or job duties. If you have any questions about your right to meal breaks in California, consult an experience employment attorney at Matern Law Group.

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Rest Break Laws

California’s break laws go beyond just meal breaks. Employees are also entitled to take rest periods throughout their workday. These breaks accrue at a rate of ten uninterrupted minutes for every four hours worked, or major fraction thereof. If your employer isn’t providing these breaks, or if there are issues with them, you might be entitled to compensation under California law. ] Like meal breaks, these rest breaks must meet certain basic requirements, including:

Paid Time: Unlike meal breaks, which are typically unpaid, rest periods must be paid as regular wages.
Timing: Ideally, rest breaks should be taken in the middle of the work period for optimal rejuvenation. However, employers should strive to make them feasible throughout the shift.

If you have any concerns about your employer following California’s break laws regarding rest periods, you can consult with an employment attorney for free at Matern Law Group.

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What are California employee rights in regards to meal breaks and rest periods?

In California, employees are entitled to one unpaid 30-minute meal break for every five hours of work, and two paid 10-minute rest breaks for every four hours of work. However, if the total work period per day is no more than six hours, the meal break may be waived by mutual consent of employer and employee. Additionally, if the total work period is less than three and a half hours, the rest break may be waived. Employers are also required to ensure that employees are free from work during their meal and rest breaks and that they are not interrupted.

Can I sue my employer over missed breaks and meals?

In California, employees can sue their employer for missed meal and rest breaks, as well as for any other violations of California labor laws. The lawsuit can be filed as a class action or individually, and the employee may be able to recover unpaid wages, penalties, and other damages. However, it is important to note that there are strict time limits for filing a lawsuit, known as the statute of limitations, so it is important to consult with an attorney as soon as possible if you believe your rights have been violated. Additionally, there are some defenses that employers can raise such as a good faith effort to provide breaks, or that the employee voluntarily chose to skip their break, among others. It is advisable to consult with an attorney to evaluate your case and advise you on the best course of action.

Are missed meal break lawsuits usually successful?

The success of a missed meal break lawsuit will depend on the specific facts of the case, as well as the ability of the employee to prove that their rights were violated. In general, if an employer has a clear policy of not providing meal breaks, or has a history of not allowing employees to take their breaks, a lawsuit is more likely to be successful. Additionally, if the employee can show that they were not able to take their breaks due to the employer’s actions or failure to provide an adequate break area, the lawsuit is more likely to be successful.

However, employers can defend themselves by showing that they have implemented a good faith effort to provide meal breaks and that any missed breaks were the result of the employee’s voluntary choice not to take them, among other defenses. It’s important to note that in California, employers are not required to ensure that employees take their meal breaks, but they are required to provide them and make sure employees are free from work during their meal and rest breaks and that they are not interrupted.

What would be my first step in suing my employer for denied rest breaks?

If you believe that your employer has denied you rest breaks or violated California labor laws in any other way, the first step in suing your employer would be to consult with an attorney who is experienced in California labor law. Our experienced lawyers will be able to evaluate the strength of your case, advise you on the best course of action, and guide you through the legal process.

During a consultation, you should be prepared to provide us with all relevant information, including:

Details of the rest breaks that were denied, including the dates and times of the incidents
Any relevant documents, such as timecards, pay stubs, and any internal company policies or handbooks
Any witnesses, such as co-workers, who can support your claim

It is also important to note that there are strict time limits for filing a lawsuit, known as the statute of limitations, so it is important to consult with an attorney as soon as possible if you believe your rights have been violated.

Additionally, California Labor Code also provides for administrative remedies before filing a lawsuit, such as filing a complaint with the Division of Labor Standards Enforcement (DLSE) or with the California Department of Industrial Relations (DIR). Consult with an attorney at Matern Law Group to evaluate your case and advise you on the best course of action.

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If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.

Did You Know?

Meal Breaks

California law stipulates that hourly employees cannot work for more than five hours per day without being provided with at least one uninterrupted meal break of at least 30-minutes' duration.

Rest Breaks

Employees must be authorized and permitted to take rest breaks, which accrue at a rate of ten consecutive minutes for each four-hour work period.

Denied Breaks

If your employer fails to provide the required meal period, you are to be paid one hour of pay at your regular rate of compensation for each workday that the meal period is not provided.

More About Your Employee Rights

Is It Illegal, or Just Unfair?

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