Taking legal action against your employer can be scary. If you’ve been denied the rest breaks you’re entitled to, a Long Beach employment lawyer can help you seek justice.
California has some of the strongest labor laws in the country, including specific rules about meal and rest breaks. If your employer has ignored or misapplied these rules, they should be held accountable.
The lawyers at Omega Law Group Accident & Injury Attorneys have decades of combined legal experience. If you haven’t been getting your breaks, a rest break violation lawyer in Long Beach can help you pursue the compensation you deserve.
How Can a Long Beach Rest Break Violation Lawyer Help Me?
If your employer has violated your labor rights, a Long Beach rest break violation lawyer can:
- Explain your rights: A lawyer can review your employment situation and confirm whether your employer has violated California’s rest break laws.
- Collect evidence: An attorney can obtain time records, pay stubs, schedules, and witness testimony that support your claim.
- Negotiate with your employer: A lawyer can push for a fair settlement to compensate you for missed breaks.
- File a lawsuit: If negotiations fall through, your lawyer can bring your case to court.
- Protect you from retaliation: An attorney can take action if your employer tries to punish you for speaking up.
How Much Compensation Can You Get for a Rest Break Violation?
California law entitles employees to additional pay when their employer fails to provide required breaks. Specifically, for each day a meal or rest break is denied, the employer must pay the employee one additional hour of wages at their regular rate.
The total amount you’ll be able to recover will depend on:
- How many days you were denied a rest break
- Your hourly pay rate
- Whether your employer committed other labor code violations
A rest break violation attorney in Long Beach can review your case and provide a more specific estimate.
(310) 526-8383What Is the Statute of Limitations on Rest Break Claims in CA?
In California, the statute of limitations for wage-and-hour claims is generally three years from the date of the violation. If you fail to file your claim before this deadline, you could lose your right to recover any compensation at all, which is why it’s crucial to consult an attorney as soon as you notice a pattern of missed breaks.
How Often Are Employees Entitled to Rest Breaks in California?
Under California labor law, employees are entitled to:
- One paid 10-minute rest period for every four hours worked (or major fraction thereof)
- One unpaid 30-minute meal break for every shift over five hours
- A second meal break if a shift lasts more than 10 hours
Employers must provide these breaks at specific times so employees aren’t forced to work through long stretches without rest. If your employer isn’t doing so, you may be entitled to compensation.
(310) 526-8383Who Is Exempt From Rest Break Laws in California?
Not every worker in California is covered by the state’s rest break laws. Those who are exempt include:
- Independent contractors
- Certain salaried employees in executive, administrative, or professional roles
- Unionized employees whose collective bargaining agreements provide alternative break arrangements
- Employees in certain industries with unique break rules, such as movie production
If you’re unsure whether you’re exempt, a rest break lawyer can review your employment status and determine whether you have a valid claim.
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(310) 526-8383 What Is Considered a Violation of California Rest Break Law?
A rest break violation occurs when your employer:
- Does not provide the required number of rest or meal breaks
- Forces you to work through your breaks
- Requires you to stay “on call” during your break
- Does not schedule breaks at the proper times during your shift
- Retaliates against you for taking your breaks
Even subtle pressure (like insisting you skip breaks to meet productivity goals) can qualify as a violation. The law requires that breaks be “duty-free,” meaning you must be completely relieved of all work responsibilities. If you’re unsure whether you have a viable case, a Long Beach meal break violation lawyer can provide guidance.
What to Do if Your Employer Denies Your Lunch Break in Long Beach
If you’ve been denied meal or rest breaks, it’s important to take these steps:
- Document the violations: Keep a written record of when you were denied breaks and for how long.
- Save pay stubs and schedules: These records can help show patterns of violations.
- Report the issue internally: If it’s safe to do so, raise the issue with your HR department or supervisor.
- Consult a lawyer: An attorney can evaluate your case and advise you on the next steps.
Consult a Rest Break Violation Attorney in Long Beach
No employee should be forced to work through required breaks. If your employer has made you do so, a Long Beach rest break violation attorney from Omega Law Group can assess your situation, gather evidence, and fight to recover the compensation you’re owed.
The sooner you take action, the stronger your case will be. Schedule a free consultation to find out how you can get the justice you deserve.
