In many states, including California, your boss cannot legally interrupt your lunch break. This time must be provided completely free from job duties, and if interruptions have become a regular occurrence, you may have grounds for a legal claim.
If you are constantly being interrupted on your lunch break, you may be feeling burnt out, overwhelmed, and unsure about what you can do.
This is where a Los Angeles meal break violation lawyer can help provide the legal guidance and support you may need if you decide to explore your legal options. Continue reading for the ins and outs of break violations and what protections you may have on a state and federal level, and how a lawyer may be able to help you.
How Do I Know if I Qualify for Lunch or Meal Break Protections?
The first question you may be asking is how you can tell whether you qualify for protection if your lunch break keeps being interrupted. Most workers qualify for lunchtime breaks, but some employees who meet specific salary or job requirements are exempt.
The easiest way to figure this out is to go over your classification as a worker, which you can find in your employment paperwork, pay stubs, employee handbook, or by asking your employer directly.
If you are still unsure of whether you qualify for these protections, speaking to a Los Angeles employment lawyer can help you figure that out.
What Are the Lunch Break Requirements in California?
For non-exempt employees, California has regulations on wages, breaks, and retaliation that employers must follow.
When it comes to meal breaks, the law requires that employers provide a 30-minute unpaid meal break for work shifts that are over 5 hours. For shifts over 10 hours, there is a second required break of the same duration.
These lunch breaks allow you to leave the area, relieve you of any work or work-related responsibilities, and allow you to use that time as you see fit.
What Are Some Examples of Lunch Break Interruptions That May Be Illegal?
This may be tough for you to figure out, especially if the interruptions you are facing are small and may not seem like a huge deal at first, but even small interruptions during your break may be against the law.
Here are some examples of the actions and practices that may violate California labor laws if they prevent you from taking a full, uninterrupted 30-minute lunch break:
- Requiring you to be online and responsive on communication channels like Slack or Teams, text, or phone calls with either customers, clients, or other employees
- Helping customers, clients, or coworkers in person, online, or over the phone while you are on your break
- Having you set up work equipment, settings, displays, or anything else needed for work
- Making you attend any meetings during your break, virtual or in-person
- Asking you to complete any job tasks, even if it’s something small
If your employer requires you to work during your lunch break, they may be required to provide what is known as meal break premium pay or just premium pay. In California, this typically means you are entitled to one additional hour of pay at your regular rate for each workday that your meal break was interrupted, missed, or not properly provided.
(310) 526-8383What Should I Do After Facing This Kind of Violation At Work?
If your employer regularly interrupts your meal breaks, there are several steps you can consider taking that can help you protect your rights and ensure that you receive the eligible pay that you may be entitled to.
Here are some steps you can take:
Keep Records of Each Incident (If Applicable)
If more than one incident occurs (which is pretty common with these violations), it’ll be extremely helpful for your potential claim to document things.
Keep written or digital records of the dates and times of the incidents, who interrupted you during your break, the tasks you did, and whether or not you were able to complete your 30-minute meal break. Saving emails, texts, schedules, or other records may also help support your claim.
Review Your Pay Details
You’ll want to review documents like pay stubs and timesheets to see whether you received the right type of pay for any missed meal breaks. As mentioned earlier, this should be premium pay, not your regular wage.
Report the Problem Internally
If you feel comfortable doing so, consider bringing the issue to your employer or human resources department. Sometimes, employers may not realize that meal break violations are occurring. It’s also a good idea to keep track of these communications in writing.
Speak With an Employment Lawyer
If interruptions continue or your employer refuses to correct the problem, speaking with a California employment lawyer may help you understand your legal options. An attorney may help determine whether your employer violated California meal break laws and whether you may be entitled to compensation.
Take the Next Step and Get in Touch With a Break Violation Law Firm
Your lunch break is legally protected time if you are an eligible employee in California, and, in most cases, interruptions are illegal. However, figuring out what to do can feel uncomfortable and may bring some fear of retaliation. Retaliation is also illegal, and you don’t have to navigate any of this on your own.
Omega Law Group Accident & Injury Attorneys has extensive experience handling all kinds of employment claims, including work break violations. We know the ins and outs of state and federal labor laws and can help you understand if your rights were violated.
If you want to work with a modern firm that truly cares about its clients, start with our team. Reach out to us for a free consultation about your break violation.
