Missed Meal And Rest Breaks
Under California employment law, you are entitled to a meal break during your workday, as well as periodic rest breaks. This law is routinely violated by employers who force employees to work through lunch, who refuse to allow bathroom breaks or who dock paychecks or make workers clock out for breaks.
If you believe that your employer is willfully violating your rights or has incorrectly deprived you of breaks or pay, The Armstrong Law Firm can help. We have helped clients recover back pay and penalties for meal and rest break violations. Contact us for a free consultation with an experienced Bay Area wage and hour lawyer.
Exposing Missed Meal And Rest Breaks Violations
Lunch break violations are one of the most common employment abuses. Some employers don’t understand the law. Some simply disregard the law. Either way, you have rights under California’s wage and hour laws, including the right to compensation for each violation.
Lunch breaks — If you work at least six hours in a shift, your employer must provide a 30-minute meal break. If you work 10 hours in a shift, you are entitled to a second meal break. This may be an unpaid break if you are truly off duty during lunch and free to come and go.
However, your employer may be obligated to pay you for your break:
- If you are required to work through lunch
- If you are on duty, on standby or on call for any part of your break
- If you are required to remain on the premises during your break
If your lunch break qualifies as paid time, it also counts toward hours worked and overtime.
Rest breaks — You are entitled to a 10-minute rest break for each four hours worked (two daily breaks in addition to your meal break). It must be 10 minutes of off-duty time. Your employer cannot make you clock out or dock your pay for using the restroom or taking your rightful break time.
Compensation For Lunch Break/Rest Break Violations
Your current or past employer is accountable for one hour of pay for each day that your meal or rest break rights were violated, plus any corresponding overtime pay. The Armstrong Law Firm has recovered compensation through individual and class action claims.
Are you entitled to retroactive pay for wage and hour violations? Our San Francisco missed meal and rest break attorneys offer a free consultation to evaluate the facts of your case. Call us at 415-692-0462 or contact us online.