Engage with an employment attorney at Melmed Law Group if you have experienced any violations of California meal break laws. You can schedule a free consultation today to discuss CA law work breaks, meal breaks, and rest break laws.
What Are the Rules in California Regarding Meal Periods?
California work break laws require that employees be provided with a thirty-minute meal period on or before the fifth hour of work. However, if the total work period per day of the employee is six hours or less, then the meal period may be waived by mutual consent between the employer and the employee.
A second thirty-minute meal period is required if an employee works more than ten hours per day. However, according to California meal break law, if the total hours worked is 12 hours or less, then the second meal period may be waived by mutual consent between the employer and employee only if the first meal period was not waived.
CA meal and rest break laws also denote different types of meal breaks. Unless the employee is relieved of all duty during the entire thirty-minute meal period and is free to leave the employer’s premises, the meal period shall be considered “on duty,” counted as “hours worked” and paid for at the employee’s regular rate of pay. According to California meal break law, An “on duty” meal period is only permitted when the nature of the work prevents the employee from being relieved of all duty. CA law about work breaks also allows this when an on-the-job meal period is consented to by written agreement between the employer and employee. As per California work break laws, the test of whether the nature of the work prevents an employee from being relieved of all duty is an objective one. An employer and employee may not agree to an on-duty meal period unless, based on objective criteria, any employee would be prevented from being relieved of all duties based on the necessary job duties. For questions about California meal break law regarding your specific circumstances, schedule a free consultation with Melmed Law Group today.
What Are the Rules in California Regarding Rest Breaks?
CA meal and rest break laws require that employers authorize and permit nonexempt employees to take a ten-minute paid rest period for each four-hour work period or major fraction thereof. A rest period is not required for employees whose total daily work time is less than three and one-half hours according to CA law about work breaks. The rest period is counted as time worked and therefore, the employer must pay for such periods. However, there are certain exemptions and exceptions within the California meal break law (depending on the type of employee, the type of industry, etc.) It is best to speak with an experienced California employment lawyer to determine whether your employer is authorizing and permitting you to take adequate rest breaks in agreement with California work break laws.
Am I Entitled to Additional Rest Periods Because I Am a Smoker?
No.
What Happens if My Employer Does Not Authorize and Permit Proper Rest Periods or Meal Periods?
If an employer fails to provide an employee a rest period in accordance with CA meal and rest break laws, then California meal break law mandates that the employer must pay the employee one additional hour of pay at the employee’s regular rate of pay for each workday that the rest period is not provided. Thus, per CA law about work breaks, if an employer does not provide all of the rest periods required in a workday, the employee is entitled to one additional hour of pay for that workday, not one additional hour of pay for each rest period that was not provided during that workday.
Similarly, if an employer fails to provide an employee a meal period in accordance with California meal break law, the employer must pay the employee one additional hour of pay at the employee’s regular rate of pay for each workday that the meal period is not provided. Thus, if an employer does not provide all of the meal periods required in a workday, the employee is entitled to one additional hour of pay for that workday, not one additional hour of pay for each meal period that was not provided during that workday.
Should I Consult an Attorney About California Work Break Laws?
If you feel you have not been provided adequate meal periods or rest breaks by your employer or experienced another employment-related injustice or violation of California meal break law, contact our office to see how we can help. Lawsuits regarding CA meal and rest break laws can be extraordinarily complex and often require a trained professional to maximize the value of your case. The lawyers at our office regularly handle cases on behalf of employees across the entire state of California. Reach out now for a free confidential consultation to discuss CA law about work breaks or other employment-related legal concerns.
How Much Does a Meal/Rest Break Attorney Cost?
Our office represents California employees who have not been provided adequate meal and rest breaks on a contingency fee basis for all cases regarding California meal break law. This means that the client does not pay any expenses out of pocket, and does not pay attorneys fees until the case is successful or settled. If the case does not settle or does not result in any recovery, then the client does not owe any attorney fees. The lawyer is paid a percentage of what is recovered at the conclusion of the case. Schedule your free confidential consultation today.