California law provides employees with periodic meal and rest breaks. This gives workers a chance to take a break, use the bathroom, rehydrate, and step away from the physical and/or mental demands of their job, whether they work in a factory, in agriculture, or in an office setting. However, some employers try to cut breaks short, not provide breaks at all, or insist on having their employees continue working and then refuse to pay them for this extra time. Our San Diego meal and rest break attorneys at Jimenez Loayza, APC can explain the relevant rules to you. They will analyze your situation to determine if you have a viable claim for meal or rest break violations against your employer.
California Rest Break Rules
In California, employers are generally required to provide their employees with a paid rest break for every four hours of work. Each rest break must be at least ten minutes long. As long as an employee works 3.5 hours, they are entitled to one rest break. After four additional hours of work, they must be provided with another ten-minute rest break.
California Meal Break Rules
Meal breaks are generally unpaid. However, California law requires employers to offer a meal break of at least 30 minutes to employees after every five hours of work, unless the employee voluntarily waives their right to the meal break.
Employees can choose not to take their meal break, in which case they may be entitled to more compensation for the additional hours they work or may be permitted to leave early. However, this must come at the employee’s own discretion. An employer in California cannot generally unduly influence employees to work through their lunch break.
Meal breaks must be uninterrupted, and employees must generally be allowed to travel off-site for their meal. If an employee must remain “on call,” stay at a desk in case anyone enters, or perform job functions during this time, the employee must be paid for the meal break.
Exemptions and Exceptions to California’s Break Law
Like every general rule, there is usually an exception. Meal and break rules in California generally apply to non-exempt workers, but not to exempt workers such as executives or administrative workers. Nonetheless, rest and meal breaks apply to workers in certain industries, such as:
- Healthcare
- Professional driving
- Group-home care
- Manufacturing
- Construction
- Motion pictures
Claims for Unpaid Meal and Rest Break Claims
If you have not been properly compensated for the hours you have worked or have been denied your meal or rest breaks, you can file a wage claim with the Labor Commissioner’s Office or pursue a civil case against your employer.
California employers who do not provide employees with paid rest breaks can be penalized by one hour’s wages for each day they did not provide the rest break, as well as one hour’s wages for each day a meal break was not provided.
Contact Our San Diego Employment Lawyers for Help with Your Meal or Rest Break Violation Claim
If you believe you have not received the meal or rest breaks you are entitled to, contact a San Diego meal and rest break lawyer at Jimenez Loayza, APC today for a free and confidential consultation. Reach out to our employment attorneys at (619) 320-5901 or contact us online.