Rest Break Violation Lawyer in San Diego

Every worker deserves regular breaks. If your employer has not been providing them, a San Diego employment lawyer can help you pursue damages.

Under California labor law, employees are entitled to intermittent rest breaks during their shifts. Unfortunately, many San Diego workers are pressured to skip them, forced to work through them, or penalized for taking them.

Since 2016, Omega Law Group Accident & Injury Attorneys has won millions of dollars for our clients. If you’ve been denied the rest breaks you’re entitled to, a rest break violation lawyer in San Diego can help you obtain the compensation you’re owed.

What Can a San Diego Rest Break Violation Lawyer Do for Me?

If you believe your employer has violated your rest break rights, a San Diego rest break violation lawyer can:

• Review your case: A lawyer can evaluate your schedule, pay records, and workplace policies to determine if California’s rest break rules were violated.
• Gather evidence: An attorney can collect pay stubs, time sheets, and witness testimony to build a strong claim.
• Negotiate with your employer: An attorney can handle communications with your employer and negotiate a fair payout.
• File a legal claim or lawsuit: If your employer refuses to comply, your lawyer can file a wage claim with the California Labor Commissioner or take your case to court.
• Protect you from retaliation: California law prohibits employers from firing or disciplining you for asserting your rights. An attorney can hold your employer to this.

Rest Break Rules in California

Under California law, employees are entitled to a 10-minute paid rest break for every four hours worked (or major fraction thereof). These breaks must be uninterrupted, duty-free, and as close to the middle of the work period as possible. For example:

• A 6-hour shift requires one 10-minute rest break.
• An 8-hour shift requires two rest breaks.
• A 10-hour shift requires three rest breaks.

If your employer discourages or prevents you from taking breaks, they’ve violated your rights.

What Are the Penalties for Rest Break Violations in CA?

When an employer fails to provide a required rest break, California law requires them to pay the employee one additional hour of pay at their regular rate for each day the violation occurs. This is commonly referred to as a “rest break premium.”

In addition to break premiums, employers may also face:

• Interest on unpaid wages
• Civil penalties under the California Labor Code
• Attorneys’ fees if the case goes to court

How Much Compensation Can I Get for Missed Rest Breaks in CA?

The amount you can recover in a rest break violation lawsuit depends on how often your employer denied breaks, your regular pay rate, and how long you worked under those conditions. Some cases settle for a few thousand dollars, while class actions against large employers can result in multimillion-dollar payouts.

A rest break violation attorney in San Diego can make sure you receive fair compensation.

What Is the Deadline to File a Rest Break Violation Lawsuit in CA?

The statute of limitations for most wage and hour claims in California is three years from the date of the violation. In some cases, workers may be able to extend this period to four years if the lawsuit falls under California’s Unfair Competition Law.

If you wait too long to file your claim, you may forfeit your right to recover compensation, which is why it’s important to consult a lawyer early.

Exemptions to California’s Rest Break Rules

Not every worker in San Diego is covered by rest break laws. Exemptions include:

• Certain salaried employees: Certain executives, administrators, and professionals who meet specific salary and duty requirements under California law are exempt.
• Certain unionized employees: These workers may be subject to a valid collective bargaining agreement that has different rules for rest periods.
• Independent contractors: These individuals are not considered employees, although workers who are misclassified as contractors may still have valid claims.

A San Diego meal break violation lawyer can explain whether you’re eligible to file a claim.

What to Do if You’re Denied Rest Breaks

If your employer has been denying you rest breaks, these steps will be critical to your claim:

1. Document everything: Write down the dates and times when you were denied breaks and note how long your shifts lasted.
2. Save pay stubs and schedules: Keep copies of your pay stubs, work schedules, and timecards, as these can show patterns of missed breaks.
3. Report violations to your employer: If you feel safe doing so, notify your supervisor or HR department in writing that you are not receiving your legally required breaks.
4. Consult a lawyer: An attorney can review your case and explain your options.

Consult a Rest Break Violation Attorney in San Diego

Employers in San Diego must follow strict rest break laws, and if they don’t, you have the right to hold them accountable. A San Diego rest break violation attorney from Omega Law Group can help you do so by gathering evidence and negotiating aggressively on your behalf.

Don’t let your employer take advantage of you. If you’ve been denied rest breaks, schedule a free consultation to discuss your legal options.