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What You Are Entitled To
In California, employers are required to provide employees with a meal break of 30 minutes for every five hours of work (or six hours in the motion picture industry). The break should be provided no later than the end of the fifth hour of work. This meal break can be unpaid, provided the employee is completely relieved of their duties and afforded the opportunity to take an uninterrupted 30-minute break.
Employers also must provide employees with a 10-minute rest break for every four hours of work. Again, this break should be provided no later than the end of the fourth hour of work. This rest break should also be unpaid, and the employee should be completely released from their duties during this break.
Penalties for Non-Compliance
Employers who fail to provide employees with meal and rest breaks as required by California law may be liable for penalties. The penalties for non-compliance can vary, but may include wage and hour penalties and other damages.
When To Take Legal Action
If you believe your employer has failed to provide you with the meal and rest breaks to which you are entitled, you may have a claim for unpaid wages and even premiums, which equal one hour of pay at your regular rate for every missed break period. To receive these potential compensations, it is important to speak with a trusted California labor law attorney to discuss your rights and options.
James Hawkins APLC — Your California Labor Law Experts
At James Hawkins APLC, we are a team of class action attorneys committed to protecting the rights of California employees. We have extensive experience advocating on behalf of employees whose rights have been violated, whether it be the result of uncompensated overtime or unlawful working conditions amidst Covid-19 protocols. No matter the case, contact us today to learn how we can help you with yours.
Meal breaks and rest periods are simply too important to forfeit. If your employer isn’t providing these to you, then we encourage you to get in touch with our law office in Irvine, CA for legal advocacy.