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Missed Meal & Rest Breaks

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 be violated.

Rest Breaks & Meal Breaks are Required by California Law

If your employer has failed to comply with these vital workplace protections, the law is on your side. While some breaks may be waived by mutual consent, they cannot be revoked by an employer without your approval.

In most circumstances, 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.

Though there are exceptions, these meal breaks generally need to conform to certain basic requirements, including:

  • They must be taken at regularly established intervals
  • Employees must be completely relieved of duties for the duration of the break
  • The employee may choose whether to remain at the worksite during the meal period.
  • Employees who work more than 10 hours per day may be entitled to take a second meal break.

In addition to meal 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. When problems arise concerning rest periods, you could be entitled to compensation.

Like meal breaks, these rest breaks must meet certain basic requirements, including:

  • Rest periods must be paid as normal working hours
  • They must be taken in the middle of the work period

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). It is advisable to consult with an attorney 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.

Is It Illegal, or Just Unfair?

Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.

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