For many California employees, scheduled breaks and meal periods are not just a benefit granted by their employers. State regulations require them. If an employer fails to allow breaks or pressures employees into working through them, they may be breaking the law.
If it has happened to you, you may be entitled to compensation. Our rest and meal break violations lawyers serving Lancaster can review your situation and help you collect the evidence you need. We will fight for your rights and hold your employer accountable.
Moon Law Group has advocated for California workers since 2007. Call today to schedule your free consultation and learn more about how our wage and hour violations lawyers serving Lancaster can help. You don’t have to stay silent.
Understanding California Rest Break Requirements
California’s wage-and-hour rules establish minimum break requirements for non-exempt employees. This is the law, and if you are not getting fair breaks, your employer is violating your rights. The breaks you are permitted depend on your shift.
- A qualifying employee who works more than 3.5 hours in a day is entitled to a paid 10-minute rest period.
- Employees who work more than five hours must receive a 30-minute meal period, subject to applicable exceptions.
- A second paid 10-minute rest period is allowed when an employee works more than six hours.
- Employees working more than 10 hours are entitled to another meal period.
Employers cannot require employees to perform work throughout a meal period or place unreasonable restrictions. Our rest and meal break violation attorneys serving Lancaster can explain what you should know about meal periods and rest periods.
For a free legal consultation with a rest and meal break violation lawyer serving Lancaster, call 213-232-3128
Compensation You May Recover for a Break Violation?
California law provides remedies for rest period violations. In qualifying circumstances, you may be entitled to additional pay when an employer fails to provide a required meal or rest period. The potential value of a claim depends on its individual facts. Factors can include:
- Your regular rate of pay can affect the amount of compensation you may be entitled to recover.
- How frequently your breaks were missed, shortened, or improperly provided can increase the value of your claim.
- The length of time the break violations continued can influence the total compensation you may be able to recover.
- Whether meal and rest-period violations occurred on the same or different workdays may affect your potential recovery.
- Any additional unpaid work you performed may also be relevant to your claim.
For a qualifying missed meal or rest period, California law can require an employer to pay an additional hour of wages at the employee’s regular rate of compensation for each workday in which the violation occurred, subject to applicable legal limitations and exceptions.
Lancaster Rest and Meal Break Violation Lawyer Near Me 213-232-3128
Break Violations and Class Action Cases
Break violations can sometimes affect an entire group of employees rather than just a single person. For example, an employer may have a company-wide policy or common practice of requiring employees to work through meal periods.
When many employees experience the same or similar wage-and-hour violations, a class action may be an option. In a California class action, one or more employees generally serve as representative plaintiffs for a larger group of employees who have experienced similar violations.
The case can then proceed on behalf of the class, rather than requiring every employee to file a separate lawsuit. Our attorneys can review whether other employees experienced similar break violations and explain whether pursuing a class action claim may be appropriate.
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Break Violations and Retaliation Concerns
If your employer is denying you the breaks you are entitled to by law, you have the right to speak up. However, some employees worry about retaliation in the form of fewer hours, termination, or even threats to their immigration status.
California has laws that prohibit retaliation and discrimination. If your treatment changed after you reported missed breaks or another wage violation, reach out to our rest and meal break violations lawyers serving clients in Lancaster.
You should not assume that every negative workplace event is retaliation, but you also should not ignore a significant change in treatment following a complaint. Our attorneys can help you understand whether the circumstances may support an additional claim.
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Get Help From Our Lancaster Rest and Meal Break Violation Attorneys
You should not have to choose between keeping up with your workload and getting the breaks you are entitled to. California’s wage-and-hour laws provide protections for qualifying employees, and employers can face consequences when those requirements are not followed.
If you have routinely missed rest breaks and you believe your company is in violation of the law, get the legal help you need. Our rest and meal break violation attorneys serving Lancaster can explain the potential remedies and help you determine what steps may be appropriate.
Moon Law Group protects California workers from employers who violate their rights to a safe and fair workplace. Call now to schedule a free consultation and tell us about your workplace situation.
Call or text 213-232-3128 or complete a Free Case Evaluation form