Los Angeles Meal & Rest Violations Lawyer
California labor laws offer employees more rights than most other states in the country. According to the law, all non-exempt employees are guaranteed mandatory meal and rest breaks during their shift. In most situations, employers must provide a meal break of 30 minutes when an employee works for five hours, and a 10-minute rest break when an employee works for four hours. If your employer has not provided the appropriate breaks, our Los Angeles meal & rest violations lawyer can assist with your case.
Rest and Meal Requirements Under California Law
California law is largely in favor of workers. These laws try to keep employees healthy and happy on the job. Unless an employee will work for only six hours or less, all workers are entitled to a 30-minute meal break for every five hours worked. The break must be a full 30 minutes and the employer cannot interrupt the employee or ask them to finish their break early or start it late. Employees are allowed to leave the property during the break.
When employees work ten hours or more in one shift, they are entitled to two unpaid 30-minute meal breaks. Employees can only waive their right to a second meal break if they have already taken the first 30-minute meal break. Although most meal breaks are unpaid, employers must pay employees during the break if they require them to work, or if an employee cannot leave the property.
Employers must provide ten minute paid rest breaks for every four hours worked. Employees cannot be forced to clock out for these breaks.
Collecting Damages for Meal and Rest Violations
The vast majority of employees in California have the right to the appropriate meal and rest breaks. The only time employers can refuse them is when there is a written agreement between them and the employee. Unfortunately, these violations are some of the most common ways employers abuse their authority over workers.
When an employer does not uphold the meal and rest break rights of their workers, employees can hold them liable for paying damages. Employees that win their case can recover damages for any income they lost, whether they are filing a claim against a past or current employer. Employers can be held liable for paying one hour of the employee’s wage for every day they violated the meal and rest break laws. Employees can also seek retroactive pay for any overtime pay they did not receive.
Our Meal and Rest Violations Lawyer in Los Angeles Will Fight for Your Rights
Although employees are protected under the state’s employment laws, employers still violate the rights of workers all too often. If you have missed pay, or your employer has refused to provide you with the appropriate breaks, our Los Angeles meal and rest violations lawyers are here to help. At Obagi Law Group, P.C., we are dedicated to helping employees when they have suffered harm due to an employment violation, and we want to help you, too. Call us today at 424-284-2401 or contact us online to schedule a consultation with one of our seasoned attorneys.