California Wage and Hour Lawyer Straight Talk: Not Getting Your Meal Periods & Rest Periods?

California has some of the most powerful, employee friendly wage and hour laws in the country. California's wage and hour laws are, first and foremost, for the protection of employees. This protection does not waver or diminish with tough economic times. Rather, these laws are intended to be a bedrock of protection and unaltered by any external forces such as an economic downturn.

You Are Entitled To Meal Periods Under California Wage And Hour Laws

Employees working more than 5 hours per day must be provided 30-minute meal periods unless they work shifts of six hours or less and agree to waive the break for that day. If the shift lasts ten hours or more, a second meal period is required.

You Must Be Relieved Of All Job Duties

Employees must be relieved of all job duties and may not have their breaks interrupted with work. This means your employer can't make you stay on the work premises during meal periods. Your employer can't require you to keep your cell phone on during lunch. If your employer requires you to stay on premises or keep your cell phone turned on during meal periods you are entitled to be paid for that time and you are entitled to a hours pay (see below).

Failing To Permit Rest Periods

In addition, employers are required to permit and authorize employees to take ten minute breaks, with pay, for every four hours of work "or major fraction thereof." That means that the second break obligation applies if a shift exceeds six hours, and a third applies if the shift exceeds ten hours.

You Are Owed An Hours Pay For Every Meal Break Or Rest Break You Do Not Receive

Employers who do not provide the breaks required under California law must pay the affected employee an extra hour of pay at the employee's regular rate of pay for that day. At an hour of pay per employee per day, the liability can be substantial.

Have You Been Laid Off?

If you have been laid off in the last few years you may be owed very, very significant wages. Do you and your family a favor and find out if your are owed wages.

How It Works In The Real World

The way this usually goes down is your employer will not schedule and/or hire enough employees. So there is no one to give you a rest break or there is no one to take your place for you to take a lunch break. Thus, the pressure is on you to perform your job with inadequate staffing.

Your Employer Is Cutting Corners With Your Paycheck

In these trying economic times, many employers are trying to cut corners. Oftentimes the corner they are cutting is your paycheck.