PAre you being forced to work through legally mandated rest breaks in the state of California? Missing these breaks can take a serious toll on your health, not to mention reflect your employer’s willingness to actively violate California labor regulations.
Finding yourself in a situation like this can be stressful, especially when you feel as though you don’t know how to speak out against your workplace or stand up for yourself. However, that’s what a rest break violation lawyer in Los Angeles can do for you.
At Omega Law Group Accident & Injury Attorneys, you’ll never be alone. Founded in 2016, our attorneys have decades of experience recovering millions of dollars in compensation. Let us represent you as your Los Angeles employment lawyer to make sure your rights are enforced.
California’s Rest Break Requirements
California is known for having very employee-friendly labor laws, and rest break regulations are an important part of those protections. More specifically, the California Labor Code is enforced by the Division of Labor Standards Enforcement (DLSE).
It mandates that employees receive a 10-minute paid rest break for every four hours of work or a “major fraction” of four hours. A “major fraction” is generally considered any period longer than two hours.
Here’s what this means:
- A shift of 3.5 to 6 hours entitles the employee to one 10-minute rest break
- A shift of more than 6 hours up to 10 hours results in two 10-minute breaks
- A shift of more than 10 hours up to 14 hours requires three rest breaks, and so on
The rest breaks must be provided in the middle of each work period, insofar as is practicable. They must also be completely uninterrupted, during which employees are relieved of all duties. Employers cannot require workers to remain “on-call” or available for tasks during these breaks.
Common Rest Break Violations in Los Angeles
Even though the law is clear, violations occur regularly. In Los Angeles, where industries like entertainment, logistics, retail, and food service rely on fast-paced work environments, employers may try to cut corners at the expense of employees’ rights.
These are examples of common workplace violations regarding employee rest breaks:
- Failure to provide breaks at all: Some employers may ignore the law entirely and simply never schedule rest breaks.
- Interrupted or on–call breaks: Employees can technically “take a break” but remain subject to interruption, such as being required to keep a radio or phone with them.
- Breaks scheduled improperly: Rest periods must occur in the middle of the work period, where possible. Scheduling them at the start or end of a shift is not compliant.
- Discouraging breaks: Employers sometimes pressure employees to skip breaks by assigning excessive workloads, creating a workplace culture that discourages rest, or retaliating against those who ask for breaks.
- Failure to pay for breaks: Since rest breaks are considered on-the-clock time, not paying employees during those 10 minutes is unlawful.
While these violations may seem minor, they can add up to serious legal consequences and financial penalties for employers.
(310) 526-8383Legal Precedents Shaping Rest Break Laws
California courts have issued influential rulings clarifying employers’ obligations regarding rest breaks.
Brinker Restaurant Corp. v. Superior Court (2012)
A very notable case is Brinker Restaurant Corp. v. Superior Court (2012). The California Supreme Court held that employers must “authorize and permit” rest breaks.
That said, they are not required to ensure that employees actually take them. At the same time, employers cannot impede or discourage workers from taking their breaks.
Augustus v. ABM Security Services, Inc. (2016)
Another relevant case is Augustus v. ABM Security Services, Inc. (2016), where the California Supreme Court ruled that security guards who were required to remain on-call during their rest breaks had not been provided lawful breaks.
The Court emphasized that rest periods must be duty-free, and employers cannot require employees to remain available for work. These rulings make it clear that employers must not only provide breaks but also ensure they are free from any type of work-related obligation.
Penalties for Rest Break Violations
California state laws provide remedies for employees who have been denied proper rest breaks. Under Labor Code § 226.7, an employer who fails to provide a rest break must pay the employee an extra hour of pay at the employee’s regular rate for each day a violation occurs.
This “premium pay” is owed on top of the employee’s regular wages. For example, if an employee works five days a week and is denied a rest break each day, they are entitled to five additional hours of pay that week.
Over months or years, this can add up to significant sums, especially if multiple employees are affected. Furthermore, rest break violations can open employers up to broader liability, including:
- Class action lawsuits: When multiple employees experience the same violation, they may pursue a class action.
- Penalties under the Private Attorneys General Act (PAGA): Employees may seek civil penalties for labor code violations on behalf of themselves and other workers.
- Waiting time penalties: If an employer willfully fails to pay all wages owed upon termination, including break premiums, employees may be entitled to additional compensation.
Employers in Los Angeles must take these penalties seriously, as the financial consequences can be substantial.
(310) 526-8383Call Our Los Angeles Rest Break Violation Law Firm Today
If your employer has forced you to skip your breaks or shorten the amount of rest you are legally required to receive, you’re not alone. These violations can not only affect your career, but they can also impact your finances and compromise your health.
However, you don’t have to worry about taking legal action against your employer all by yourself, especially when you have Omega Law Group on your side.
Our Los Angeles rest break violation attorneys are ready to protect your rights. Contact us today.
