Meal and Break Violations Lawyer in Orange County, CA
Is my employer supposed to give me rest and meal breaks while I’m at work? The answer depends on whether you’re classified as a nonexempt or exempt employee.
Generally, if you’re paid hourly and have no managerial responsibilities, you’re classified as a nonexempt employee. What does this mean for you? It means you’re entitled to both rest and meal breaks during your shift!
At MJB Law Group, we specialize in protecting your employment from employers who fail to uphold California’s strict labor laws regarding meal and rest breaks. Let us fight for your rights and secure the compensation you deserve.
Questions About Meal and Rest Break Violations
At MJB Law Group, we know you have questions. We also know your employer may not be entirely transparent about your rights and responsibilities.
Our attorneys can address these inquiries and determine whether your employment rights were violated. Here are some of the most frequently asked questions we hear about meal and rest break violations in California.
When Do I Get Meal Breaks?
As a nonexempt employee, you have the right to take an unpaid, off-duty meal break lasting at least 30 uninterrupted minutes when your workday exceeds 5 hours. Additionally, if your shift extends beyond 10 hours, you are entitled to a second meal break.
When Am I Supposed To Get Rest Breaks?
As an employee, you are entitled to a paid 10-minute rest break for every four hours of work. Whenever possible, these breaks should occur around the midpoint of each four-hour shift.
Can My Employer Ask Me to Skip Breaks?
Your employer can’t ask you to waive your right to take rest breaks. However, they may ask you to waive a meal break if you work less than 6 hours that day. They can also ask you to waive a second meal break if you work more than 10 hours but less than 12 hours and you didn’t waive the first meal break.
What Happens If I Can’t Take My Break?
If your employer fails to provide you with breaks or discourages you from taking them, they must pay you one additional hour at your regular rate for each day you didn’t get a meal or rest break.
What Constitutes a Valid Meal or Rest Break?
A valid break must be uninterrupted, duty-free, and without restrictions, such as staying on-site. For meal breaks, employees are free to leave the premises without penalty.
Common Meal and Break Violations
Denial of Proper Meal and Rest Breaks
Employers in California deny their employees meal and rest breaks daily. They may not have enough employees to cover a shift or provide breaks on time. This often occurs with night shift workers.
Many times, a business will only have one person working the night shift. This means that they must take all their “breaks” while on-call. This is against California employment laws.
Being On-Call During Breaks
Employers may also encourage their workers to stay on-call during their lunch breaks. They may send them important messages and reprimand them for not responding quickly during their breaks.
This is also against the law because it invalidates their breaks by not providing an uninterrupted break time.
Failure to Pay for Missed Breaks
Yet, one of the most common ways employers violate meal and rest breaks is by failing to pay employees when they don’t get their break.
Employers who force employees to stay on property or interrupt breaks often commit wage theft, violating California labor laws. Therefore, they may not pay them the additional hour they’re required to pay by law.
At MJB Law Group, we fight to hold employers accountable and secure the compensation you deserve.
Other Violations of Break Laws
Those mentioned above are just a few examples, and there may be other ways in which an employer could violate California labor laws related to meal and rest breaks.
MJB Law Group: Empowering Your Voice, Defending Your Rights
At MJB Law Group, we specialize in more than just meal and rest break cases. Some of our expertise includes wrongful termination, workplace discrimination, employee harassment, and FMLA violations. Trust us to protect your rights and fight for the justice you deserve.
No matter where you work or live, we’re here to stand up for your rights and secure the outcomes you need. Trust a firm that prioritizes your rights, your work, and your future.
Reclaim Your Rights with an Experienced Lawyer by Your Side
Employers who fail to provide proper meal and rest breaks are violating California labor laws—and you don’t have to face this injustice alone.
At MJB Law Group, we’re committed to fighting for employees like you, ensuring you get the compensation and respect you deserve.
Contact us now for a FREE consultation, and let’s start building a strong case to protect your rights and secure your future. Call us today or fill out our online form—justice is within reach!