Many employees don’t know that they’re legally entitled to a 30–minute meal break if they work five hours in a single day, and that employers who ignore this rule are violating their rights.
While employers do not have to pay for this break, they must allow employees to take this time without expecting them to complete job tasks.
Note that some employees are exempt from this rule. You can learn more about meal breaks in California from a Los Angeles meal break violations lawyer. An attorney can also explain your options if your employer violates your rights while you’re on the job.
Meal Break Violations at Work: What Employees Don’t Know
Generally, employees don’t know that meal break violations can occur because they don’t realize the state gives them a 30–minute meal break when they work at least five hours in a day.
Meal break violations occur if your employer tries to deny you this break or expects you to work while you’re off the clock. Note that your employer does not have to pay you for a meal break in California. Some employees are exempted from these rules; you should check with an attorney to see if they apply in your situation.
If your employer tries to force you to work through your break, you may have a valid claim against them. A Los Angeles employment lawyer can tell you more about your rights in this situation and explain what employees don’t know about meal break violations at work.
You May Qualify for an Additional Meal Break
Employees who work over 10 hours in a single day qualify for a second 30-minute meal break. Your employer must also free you from work obligations during your second break.
You May Also Face Rest Break Violations at Work
California also requires employers to provide employees with rest breaks throughout the workday. While meal breaks are unpaid, your employer must pay for your rest breaks while giving you a break from work tasks.
Rest breaks are:
- At least 10 minutes long
- Uninterrupted
- Paid and duty-free
You can legally leave the work premises during a rest period. Note that you should get:
- One rest break if you work 3.5 hours in a day
- Two rest breaks if you work over 6 hours in a day
- Three rest breaks if you work over 10 hours in a day
An attorney can tell you more about these violations.
(310) 526-8383What You Should Know About Penalties for Meal Break Violations
Your employer can face penalties for failing to adhere to California’s laws regarding meal periods. If your employer refuses to provide a meal break, they have to pay you an hour of extra pay (at your regular rate of pay) for each break they deny.
Your employer may also have to:
- Pay for any work you did off-the-clock while on break
- Cover your lawyer’s fees
- Face penalties for submitting inaccurate pay stubs
Some employers face civil penalties for abusing multiple employees by violating meal break requirements.
What’s Your Regular Rate of Pay?
Your employer will determine your regular rate of pay by looking at all the compensation you receive in a workweek, including your hourly wages, bonuses, and commissions. In some cases, you will receive more than your hourly rate.
What Can You Do if You Suspect a Meal Break Violation?
If your employer does not give you time off for meal breaks, you should start gathering evidence to prove this violation.
You may need to:
- Keep a log detailing information about your meal breaks
- Save your pay stubs, time sheets, and work schedules
- Send a message or text each time your employer interrupts your break
- See if your coworkers are also facing meal break violations
- Keep your records off company tablets or phones; use your private devices
- Track all of your losses
Once you have evidence, you can reach out to an attorney for help progressing your case. You may need to make a Division of Labor Standards Enforcement (DLSE) Wage Claim, pursue a civil lawsuit, or even join a class action suit.
Talk to Us About Meal Break Violations at Your Job
An attorney from our team at Omega Law Group Accident & Injury Attorneys can explain what employees don’t know about meal break violations at work in California. We can give you the information you need to determine if your employer is violating your rights, and we’re ready to help with your legal claim if necessary.
We have extensive experience and believe in putting our clients first, always. You can contact us today to get professional help on your side. We’ll stand by you every step of the way and focus on addressing your legal concerns when you contact us for a risk-free initial consultation.
Don’t let your employer off the hook for denying your legally mandated meal breaks.
