Are your legally required rest breaks being skipped or shortened at work? As an employee in the state of California, you should be aware of the fact that missing your workplace rest periods can impact your health. It’s also a violation of labor laws designed to protect employees.
Trying to figure out how to address these violations on your own can be very stressful, but that’s what a rest break violation lawyer in Riverside will do on your behalf. With Omega Law Group Accident & Injury Attorneys by your side, you’ll never have to handle anything alone.
Established in 2016, Omega Law Group’s attorneys have decades of experience recovering millions of dollars in compensation for people just like you.
As your Riverside employment lawyer, we will advocate for you and help enforce your workplace rights. Schedule a free consultation today.
California’s Rest Break Requirements
The foundation of rest break law in California comes from the state’s Labor Code and Industrial Welfare Commission (IWC) Wage Orders. Under these rules, non-exempt employees are entitled to a 10-minute paid rest break for every four hours worked.
If you work more than 3.5 hours in a shift, you must receive at least one paid 10-minute rest period. A second 10-minute rest break is required if the employee works more than six hours, and a third if the shift exceeds 10 hours.
Rest breaks should be provided as close as possible to the middle of each work period. Breaks must be uninterrupted and duty-free. Also, employees are allowed to step away from all work responsibilities during this time.
Distinction Between Rest Breaks and Meal Periods
It is important to distinguish the difference between rest breaks and meal periods under California state laws. Rest breaks are shorter, paid intervals that allow employees to pause and recover during their shift.
By contrast, meal periods are 30-minute unpaid breaks required for shifts longer than five hours, unless the total workday is six hours or fewer and both employer as well as the employee agree to waive the meal break. For shifts longer than 10 hours, a second meal break must be offered.
Unlike rest breaks, meal periods are unpaid unless the employee is required to remain on duty. Employers must carefully comply with both rest break and meal period rules, as violations can result in penalties.
(310) 526-8383What Constitutes a Rest Break Violation?
Rest break violations can take many forms:
- Failure to provide breaks: This involves simply not scheduling or allowing employees to take legally required breaks.
- Interrupting rest breaks: This is when your employer requires you, as an employee, to remain on call, answer phones, or perform light duties during your break time.
- Improper timing: This looks like forcing employees to take breaks too early or too late into their shifts rather than near the midpoint of their work periods.
- Discouraging breaks: This refers to pressuring workers to skip breaks to meet productivity goals, sales quotas, or delivery schedules.
- Improper compensation: This entails failing to pay employees for the time they spend on their rest breaks.
In some workplaces, violations occur subtly, such as when a supervisor tells employees they may take a break but then assigns tasks that make it impossible. Even indirect practices that prevent workers from taking their rest periods may violate California law.
Penalties for Rest Break Violations
When employers in Riverside fail to comply with California’s rest break laws, financial penalties apply. The law requires that employees be compensated with one additional hour of pay at their regular rate for each workday on which a rest break violation occurs.
For example, if an employee is denied one or two rest breaks during a single workday, they are still only entitled to one additional hour of pay for that day.
This payment is commonly referred to as a premium wage and can add up to a significant amount across weeks, months, or years of employment. In addition to premium wages, employers may face further liability for:
- Wage statement violations
- Waiting time penalties if an employee is terminated without receiving owed wages
- Potential civil penalties under the Private Attorneys General Act (PAGA)
Reach Out to Our Riverside Rest Break Violation Law Firm for Help With Your Case
Missed or interrupted rest breaks can leave employees feeling frustrated, overworked, or unsure of their rights—and rightfully so. However, you don’t have to handle the stress alone. Instead, let Riverside rest break violation lawyers at Omega Law Group represent you.
Our Riverside rest break violation attorneys have experience recovering compensation for workers whose rights have been violated, and we want to do the same for you. Don’t wait to get the support you deserve.
Contact us today to take the first step toward justice. Schedule a free consultation to find out exactly how we can help in your specific situation.
