Meal and Rest Break Attorneys for Los Angeles, Kern, Orange, Riverside, San Bernardino, and Ventura Counties
Are Employees in California Supposed to Get Meal and Rest Breaks?
Very broadly speaking, under California law, rest and meal breaks must be provided by employers to non-exempt employees.
What is the Difference Between an Exempt and Non-Exempt Employee?
Exempt and non-exempt are classifications under both state and federal law which determine eligibility for certain benefits, like for example overtime pay, meal periods and rest periods. Exempt employees generally do not receive these protections. Exempt employees tend to be salaried rather than hourly workers. Non-exempt employees on other hand, do get these protections.
A critically important question in any wage hours case is whether the employee is exempt or not exempt. Since the wage hour laws are very complex and at times confusing, it is best to consult a legal professional for advice specific to your situation. The Akopyan Law Firm A.P.C. is focused on employment law and offers complimentary case consultations. We help clients across Southern California including those in Los Angeles, Bakersfield, Orange, Riverside, San Bernardino, and Oxnard.
Why Do Some Employers Deny Valid Meal and Rest Breaks in California?
There are several reasons why some employers might not provide the requisite meal and rest breaks, even when state and federal laws requires it:
Profits: Providing lawfully mandated meal and rest breaks can increase labor costs for businesses.
Work Schedules and Business Needs: In some industries, the nature of the work or business needs may make it difficult to manage breaks. For example, if there is only one cashier working in a restaurant, he or she cannot simply shut down the restaurant and take a lunch break.
Lack of Awareness: Some employers might not be fully aware of the specific requirements in their jurisdiction, especially if they operate in multiple states with different regulations.
Productivity Concerns: Some employers might believe that too many breaks can impact productivity, even though research suggests that regular breaks can actually improve employee performance and well-being.
If an employer is not complying with laws regarding meal and rest breaks, employees are welcomed to contact an employment law attorney at Akopyan Law Firm A.P.C. to discuss their concerns.
Experienced Legal Representation to Protect Your Rights
Legal representation is important to safeguard your rights, especially when you’re dealing with issues like meal and rest break violations. Akopyan Law Firm A.P.C. serves clients across Southern California – including Los Angeles, Bakerfield, Orange, Oxnard, Riverside, and San Bernardino. What sets us apart is our experience and our commitment to personal service; when you call, a lawyer will discuss your case. You’ll be able to speak directly with an attorney, not an assistant, ensuring that your concerns are addressed by someone with the knowledge and expertise to help. If you are facing issues related to meal and rest breaks in Southern California, don’t hesitate to reach out. Akopyan Law Firm A.P.C. offers complimentary case evaluations and may offer you contingency fee services.
Frequently Asked Questions About Meal and Rest Breaks in Los Angeles, Bakersfield, Orange, Riverside, San Bernardino, and Oxnard
What are my rights for receiving my meal breaks?
In California, your employer must provide you with at least a 30-minute meal break when your work period is more than 5 hours. During this entire lunch break, your employer must relieve you of all duties and allow you to leave the premises. If not, then the lunch break is considered “on duty” and should be counted as hours worked, and you must be paid for at your regular rate of pay.
My boss often calls me during my lunch break with questions. Do I have any rights?
If your employer makes you work during your break, even if you have clocked out, you must be paid one hour of pay at your regular rate of pay. If your employer fails to pay this additional one hour pay for each missed or “on duty” meal break, then you can file a lawsuit and recover penalties and fees.
My boss does not let me take my lunch break before my 5th hour of work. Do I have any rights?
In general, when you work a period of more than five hours, a meal period must be provided no later than the end of your 5th hour of work (in other words, no later than the start of your 6th hour of work). When you work for a period of more than 10 hours, a second meal period must be provided no later than the end of your 10th hour of work (in other words, no later than the start of your 11th hour of work). Your employer must allow you to take your meal break before your 5th hour of work.
What are my rights for receiving my rest breaks?
In California, your employer must authorize and permit you to take a 10 minute paid rest period for every four hours you have worked or major fraction thereof. When possible, the rest period should be in the middle of your work period. If an employer does not authorize or permit a rest period, then it shall pay you one hour of pay at your regular rate of pay for each workday that the rest period is not provided.
What if my employer retaliated against me because I questioned him about not being able to take my meal or rest breaks?
If your employer discriminates or retaliates against you in any manner whatsoever (such as terminating or demoting you) because you confronted them about not being able to take your meal or rest breaks, (or because you filed or threatened to file a claim with the Labor Commissioner), then your employer has engaged in unlawful discrimination and/or retaliation.
Everyone’s situation is different, so it is wise to speak with an employment law attorney in Southern California about your case. Akopyan Law Firm, A.P.C. provides complimentary case evaluations.
Featured Meal and Rest Break Leave
Alberts v. Aurora Behav. Health Care, 241 Cal. App. 4th 388 (2015)
Valerie Alberts and others (hereafter plaintiffs), formerly employed as members of the nursing staff at two acute care psychiatric hospitals owned and operated by Aurora Behavioral Health Care (Aurora), filed a wage and hour lawsuit alleging, on behalf of themselves and a class of similarly situated individuals, that Aurora’s uniform practices and de facto policies routinely denied nursing staff employees meal and rest periods required by California law. Plaintiffs alleged Aurora intentionally understaffed its hospitals while simultaneously requiring nursing staff to remain at their posts and monitoring patients unless relieved, resulting in class members being denied meal and rest breaks (and failing to receive additional compensation required by California law).
Notably the appellate opinion included the following discussion of the applicable authorities: “Pertinent meal period provisions require that “[n]o employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes….” (Cal.Code Regs., tit. 8, § 11050, subd. 11(A).) “[A]n employer’s obligation is to provide a first meal period after no more than five hours of work and a second meal period after no more than 10 hours of work.” (Brinker, supra, 53 Cal.4th at 1049, 139 Cal.Rptr.3d 315, 273 P.3d 513.) To qualify as a lawful meal break under California law, an employee must be relieved of all duties for an uninterrupted 30 minutes. (Id. at p. 1040, 139 Cal.Rptr.3d 315, 273 P.3d 513; Cal. Code Regs., tit. 8, § 11050, subd. (A).) If an employer fails to comply with these requirements it must pay one hour of pay at the employee’s regular rate “for each workday that the meal period is not provided.” (Cal.Code Regs., tit. 8, § 11050, subd. 11(B); § 226.7, subd. (c).)
The wage order’s rest period provisions require employers to provide “10 minutes rest for shifts from three and one-half to six hours in length, 20 minutes for shifts more than six hours up to 10 hours, 30 minutes for shifts of more than 10 hours up to 14 hours, and so on.” (Brinker, supra, 53 Cal.4th at p. 1029, 139 Cal.Rptr.3d 315, 273 P.3d 513; see Cal.Code Regs., tit. 8, § 11050, subd. 12(A).) As with meal breaks, employers are required to pay one hour of compensation at the regular rate “for each workday that the rest period is not provided.” (Cal.Code Regs., tit. 8, § 11050, subd. 12(B); § 226.7, subd. (c).)
Finally, California’s overtime provisions require, in part, that each employee receive one and a half times their regular rate of pay for all hours worked in excess of 40 hours in a workweek, one and a half times their regular pay for all hours worked in excess of eight hours in a single day, and double their regular rate of pay for all hours worked in excess of 12 hours in a single day. (Cal.Code Regs., tit. 8, § 11050, subd. (3)(A)(1)(a) & (b).) Labor Code section 1194 provides employees a cause of action for unpaid overtime against their employer. (See Martinez v. Combs (2010) 49 Cal.4th 35, 49–50, 109 Cal.Rptr.3d 514, 231 P.3d 259.)”
Contact Us When You Need an Employment Law Attorney for Los Angeles, Bakersfield, Orange, Riverside, San Bernardino, or Oxnard
Call us today at (818) 509-9975 or contact us online to schedule a complimentary case evaluation. We have extensive experience in all aspects of employment law, including meal and rest break cases.
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