Meal & Rest Breaks Attorneys in Burbank
Ensuring that Your Rights Are Protected
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 five 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 fifth hour of work (in other words, no later than the start of your sixth 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 tenth hour of work (in other words, no later than the start of your eleventh 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 1-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 Burbank about your case. The Akopyan Law Firm provides complimentary case evaluations.
Call us today at (818) 509-9975 to discuss your case with our legal team.