While this subject may seem simple, California meal and rest break laws can get complicated. How long are your breaks allowed to be? What happens if you don’t follow an employer’s break-related policies? The seasoned legal professionals at Melmed Law Group have the answers.
In this post, you’ll learn about meal and rest breaks in California. As an employee, knowing about your rights to take a break ensures you’re treated fairly by an employer. You’ll also discover how to spot a company or manager violating California’s meal and rest break requirements and what to do next.
A Brief Overview of California Meal and Rest Break Laws
According to the State of California Department of Industrial Relations (DIR), most employees have to receive these breaks:- Every 4 Hours Worked: One paid 10-minute rest break, typically taken mid-shift
- Working 5 Hours or More: One unpaid, uninterrupted 30-minute meal break
- Working 12 Hours or More: A 2nd 30-minute meal break (also unpaid)
From here, California’s meal and rest break policies get more complex.
If working more than five hours daily, an employee must be offered a 30-minute meal break taken no later than the fifth hour of this person’s shift. However, an employer is not obligated to ensure an employee takes meal breaks. That’s an employee’s responsibility due to Brinker Rest. Corp. v. Superior Court (Hornbaum).
California meal and rest break laws combine to help ensure most workers have a break for every three to three-and-a-half hours worked.
Signs Your Employer Is Violating California Meal and Rest Break Requirements
Understandably, most people can’t recall the extent of California’s meal and rest break laws. Shady employers are counting on that. Here are potential indicators of a business violating this state’s break-related laws.
Pressured to Work Through Breaks
Unfortunately, some managers or similar leaders can be quite persuasive due to their behavior and the power they wield for their employer. Sometimes, their tactics aim to get employees to work through breaks or lunches.Even if an employer does not attempt to force or tell you to work through breaks, a meal break violation write-up may still be in order.
Given Work Tasks to Complete During Breaks
Some employers don’t pressure employees to work through breaks. Instead, things are even worse. Certain companies give workers no choice but to work through breaks and lunches. This violates California meal and rest break laws.These actions disobey California’s meal and rest break requirements. Not only is giving employees work to complete during breaks potentially hazardous to their well-being, but it could allow a company to get away with unpaid labor.
Breaks Happen Toward the End of the Day (If at All)
Rest and meal break violations are often time-based. Under most circumstances, employers following California’s meal and rest break policies should evenly space out schedule breaks to the best of their abilities.Pushing meal and rest breaks towards the end of a worker’s shift isn’t just unkind. It can also create a dangerous workplace. People who engage in this unlawful practice often hope a worker’s shift ends before they realize they’re owed a break.
Breaks End Before They Should
You can recall more than a few work breaks going by fast. That’s one thing. However, laws are broken when an employer forces you to cut your work breaks short. It doesn’t matter how an employer approaches you to cut mandatory breaks short; it’s almost always breaking California meal and rest break laws.Suspect Rest or Meal Break Violations? Here’s What to Do Next.
You’ve learned the background concerning California meal and rest break laws. Are your rights being violated? Follow the steps below.
Look Over Your Employer’s California Meal and Rest Break Policy
Just because an employer establishes rules doesn’t mean they follow California’s policies. For example, a California employer may violate meal break laws by scheduling lunches after five-hour shifts.Find your employer’s rule-related documents. Look over its rules about meal and rest breaks. Compare its information with state policies to determine if any California meal and rest break laws are being broken.
Gather As Much Evidence As Possible
Having a solid case means having sufficient evidence. In this case, examples of evidence may include:- Timeslips
- Pay stubs
- Emails
- Texts
- Voicemails
- Other schedule-related documentation
- Witness statements, if they exist
Complete a Meal Break Violation Write-Up
The next step is to report violations to your employer. This is sometimes called a meal break violation write-up. This document should detail the time and dates when break-related violations occurred.At this point, most employers will address break-related dilemmas. This situation might have been nothing more than an unintentional mix-up.
Contact a Labor and Employment Lawyer
From meal break violation write-ups to understanding California law, break violations are often complex. Thankfully, a legal professional specializing in labor and employment law can be a significant source of help.Find a lawyer or law firm who takes on cases involving meal and rest break violations in California. Whether you have questions about a California meal break law concerning 5-hour or 12-hour breaks, the right lawyer can quickly answer your questions.
Additionally, having an experienced law firm represent you could help you recover the compensation you are rightfully owed for missed rest and meal breaks.
You don’t have to let an employer violate California meal and rest break laws and your rights. Contact Melmed Law Group. Our seasoned team stands in the corner of wronged employees. Schedule your free consultation today.