At Mehtani Law Offices, P.C., our Beverly Hills employment law attorney knows that the ever-evolving California employment laws can be difficult for employees to follow. In many cases, employees are unsure of what they are entitled to by law, and how to enforce their rights when they are being violated. That is why we are here.
One of the most common violations our Los Angeles County employment lawyers see is employees working through meal and rest breaks to meet employer-imposed deadlines, or simply to put profits ahead of their best interests.
Working through lunch or foregoing a much-needed rest break is common in nearly all California industries. However, employers have two legal obligations when it comes to these important recesses. First, they must provide meal and rest breaks to employees, as outlined below. If employees work through these important breaks, their employers must compensate them for their time.
Here is what California employees need to know about working through rest and meal breaks.
What are the California Employee Meal and Rest Break Requirements?
The State of California Department of Industrial Relations states most California workers must receive the following breaks:
- A paid 10-minute rest period for every four hours worked.
- An uninterrupted 30-minute unpaid meal break when working more than five hours in a day.
- An additional 30-minute unpaid meal break when working more than 12 hours in a day.
When it comes to paying employees for working through these breaks, the case heard by the California Supreme Court case, Naranjo v. Spectrum Security Service, Inc., reversed a lower court’s decision and ruled that premium pay for missed meal and rest breaks must be reported on wage statements under California Labor Code section 226.
This means when employees work through their rest or meal breaks without pay, their employer is violating California wage and hour laws.
Further, working through meal breaks may also extend an employee’s workday beyond eight hours, requiring their employers to provide overtime compensation of 1.5 times the regular pay rate for each hour worked beyond the initial eight hours.
Contact Our experienced Beverly Hills wage and hour attorneys at Mehtani Law Offices, P.C.
If you believe you are entitled to unpaid wages for working through meal and rest breaks, or have not been paid overtime compensation for the additional hours you have worked, contact our experienced Beverly Hills wage and hour attorneys at Mehtani Law Offices, P.C. by calling 310-776-3590 or contact us online for help today.