Your job should follow the law and respect your rights. At Omega Law Group Accident & Injury Attorneys, we help workers who are denied the meal and rest breaks that California requires. We’ve recovered millions in verdicts and settlements and bring decades of experience to every case.
From day one, you will have a team that treats you like family and keeps you informed at every step. Working with a San Diego employment lawyer from our team means having someone on your side who understands California’s complex labor laws and how to protect your rights.
Our team reviews workplace policies, time records, and employer practices to find out where violations may have occurred. If your situation involves missed or denied breaks, our San Diego meal break violation lawyer will hold your employer accountable. Call us for a free consultation.
Our Meal and Rest Break Attorney in San Diego Will Lead Your Case
At Omega Law Group, our mission is to protect workers and hold employers accountable when labor laws are violated. These cases can be intimidating because employers have lawyers, Human Resources (HR) departments, and policies designed to protect the company.
That’s why having an experienced legal team on your side can make all the difference in your case. When you come to us, we will handle everything for you, including the following:
- Case investigation: We review timecards, pay records, work schedules, and internal policies to find clear evidence of violations.
- Filing claims: Our employment lawyers will prepare and submit claims with the California Labor Commissioner or file a lawsuit in court, depending on what’s best for your case.
- Negotiation: We fight for fair damages, including unpaid wages, premium pay penalties, and other financial recovery you are entitled to under the law.
- Trial representation: If your employer refuses to settle, we are ready to take your case to trial and advocate for your rights before a judge or jury.
Because we work on a contingency fee basis, you will never pay upfront legal costs. If we don’t recover damages for you, you owe us nothing.
Call us today for a free consultation to learn how we will represent you.
Why Meal Period Violations Are Serious in California
According to California Labor Law § 512, most workers in California must receive a 30-minute meal break if they work more than five hours. The law also requires a second meal break if they work more than 10 hours. Rest breaks are also required during longer shifts.
When employers deny these rights, it isn’t just an inconvenience. Skipping breaks can affect your health, increase fatigue, and even cause workplace accidents.
In industries like construction, driving, or healthcare, being denied proper rest can put you and others at risk. If you think your employer has violated your right to a proper meal break, we will advise you on your legal options.
Who Is Covered by California Meal Break Laws?
California’s meal and rest break rules apply broadly, but not every worker is covered in the same way. Here’s what you should know:
Covered Employers and Employees
- Private employers: Most businesses must follow state meal and rest break laws.
- Public employers: State, county, and city agencies are also generally required to follow these rules.
Exemptions and Exceptions
Some workers may not fall under the standard meal and rest break requirements, including:
- Unionized employees: A valid collective bargaining agreement may set different break rules.
- Specific industries: Certain jobs, like truck drivers, security guards, and healthcare workers, can have industry-specific break rules.
- Independent contractors: They are considered employees, so the law does not apply.
- Exempt salaried employees: Many managers, executives, and professionals are excluded from standard break laws.
If you’re unsure whether your job is covered, we will review your situation and explain your rights.
Determining Who’s Responsible for Your Meal Break Violation
Liability in these cases almost always falls on the employer. California law makes it clear that it is the company’s duty to provide proper meal and rest breaks, not the employee’s job to fight for them.
When employers ignore these rules, they may be held responsible for unpaid wages, penalties, and even retaliation if they punish workers who speak up. Understanding liability is the first step toward enforcing your rights.
How Liability Works in Meal Break Cases at Work
When employers fail to honor these break requirements, they can be held accountable under California labor law. In most cases, they—not supervisors or co-workers—are held responsible.
Liability can include:
- Failure to schedule required breaks: Not allowing employees to clock out for meals or rest.
- Pressure to work through breaks: Managers suggesting or requiring employees to stay on the job.
- Retaliation for taking breaks: Disciplinary actions or reduced hours after an employee asserts their right.
A San Diego meal break attorney at Omega Law will review your situation fully to determine whether your employer has broken California labor laws.
Recoverable Damages in San Diego Meal Break Violation Cases
When an employer fails to give you legally required breaks, you might be able to recover damages such as :
- Unpaid wages for missed breaks.
- Premium pay penalties (an extra hour’s pay per violation).
- Interest on unpaid amounts.
- Possible attorney’s fees and legal costs.
These damages can add up quickly, especially if violations occurred over months or years. We will review your records and include all possible damages in your claim.
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Why Get Legal Help for Meal Break Violation Cases?
Employment law cases can involve complicated records, company policies, and legal defenses. Employers may argue that you waived your right to a break or that their policies comply with the law.
In many cases, proving a violation requires showing repeated patterns of misconduct. Working with our San Diego rest break violation lawyer can give you important guidance and improve your ability to navigate these cases.
We know the tactics employers use and how to push back with strong evidence.
Frequently Asked Questions (FAQs) About Meal Break Violations in San Diego
If your employer has denied you the breaks California law requires, you probably have questions about what to do next. These common questions and answers explain your rights, what employers can and cannot do, and how the legal process works in San Diego.
What if I Agreed to Skip a Meal Break?
In California, you can waive your first meal break only if you work less than six hours. Waiving is not valid for longer shifts.
Can I Be Fired for Filing a Meal Break Claim?
No. Retaliation for asserting your workplace rights is illegal under California law.
How Long Do I Have to File a Claim?
Most workers have three years from the date that the violation occurred to file a claim for missed meal or rest breaks, per CCP § 338. In some cases, the deadline can be a little longer or shorter, so it’s best to act quickly to protect your rights.
Our San Diego Meal Break Violation Lawyer Will Protect You
When an employer ignores California’s labor laws, it affects more than your paycheck. It can affect your health, your dignity, and your time. At Omega Law Group, we fight for employees who have been denied their right to meal and rest breaks.
We put our skills and compassion to work for you. From start to finish, our supportive meal break violation lawyer in San Diego will listen to you and treat you with care and respect.
Contact us today for a free consultation about your meal or rest break violation claim. We’re committed to putting our clients first. Always!
