California Missed Meal and Rest Breaks
At The Nourmand Law Firm we routinely represent workers in California missed meal and rest break class actions. Our law firm has years of successful experience litigating against California employers who have exploited their workers by denying them meal periods and rest periods or simply failing to compensate them for that time. A California employer is not “doing you a favor” by letting you take a rest period or meal break. He or she is required to do so. Your employer’s failure to comply with California law regarding meal and rest periods can result in a hefty monetary award in your favor.California Rest Periods:
How long is a rest break?
the rest periods must be at least ten minutes;
employers must allow their workers rest periods.
How often do I get a rest break?
one rest period for every four hours worked;
a second rest period must be provided after six hours of work;
no rest period required if the work day is less than 3½ hours.
Can I waive my rest breaks?
Yes, employees are not required to take a rest break;
employers must make rest breaks available.
rest periods are counted as hours worked;
employers cannot deduct pay from time taken for authorized rest period.
What Happens if a Miss a Rest Break?
for any work day where you were not provided with a rest break, and/or you were prevented from taking a rest break, you are entitled to an additional hour of pay for that missed rest break.
How long is a meal period?
30 minutes uninterrupted;
How often do I get a meal period?
one meal periods for work day longer than 4 hours;1
second meal period for work day longer than 10 hours.2
Can I waive my meal period?
Yes, but only if the shift is less than 6 hours; and
you can waive a second meal period if you did not waive the first meal period.
Otherwise, no, you may not waive your meal period;
your Employer must provide you with uninterrupted meal periods, where you are free from any work obligations.
What Happens if a Miss a Meal Period?
any shift where you were eligible for a meal period, but you did not receive a meal period, you are entitled to an additional hour of pay for that missed meal period; and
if you were eligible for a second meal period, and did not receive that meal period in addition to a missed first meal period, you are entitled to two hours of pay.
During the meal period, a California employee cannot be burdened or encumbered by work activity. The time is exclusively set aside for a meal period.3 A California employee is not relieved from work duty if he or she is required to engage in work or work-related tasks, duties, or activities (whether active or inactive) during his or her meal period.
For example, let’s say Barry Boss sees Emma Employee eating her sandwich during her meal break. He calls her in: “I need you to review something for a minute.” She puts down her meal and works for a few minutes and then returns to her meal. Emma has just been denied her meal break because she was interrupted by work activity.California Missed Meal and Rest Break Class Action
Employers do not always have lawful policies. Sometime, the employer’s policies do not authorize employees to take rest and/or meal periods. Employer also sometimes deduct pay for time spent on rest periods. If you and your coworkers work under such policies, with the assistance of The Nourmand Law Firm, you can jointly pursue relief in the form of a class action. A class action has several benefits for employees, as it can combine many small claims, forcing the employer to take the action seriously, and may provide anonymity for unnamed current employees who wish to pursue legal action.
If your employer has denied you meal or rest periods or has deducted pay for going to lunch or taking a rest period, call The Nourmand Law Firm. Our lawyers are aggressive, knowledgeable and experienced class action attorneys. We will fight to ensure you and your coworkers receive all wages you are owed, including amounts due to you for missed meal or rest periods.
We represent employees who have been denied meal and rest periods, or otherwise injured by their employers wage and hour practices throughout in Los Angeles, Koreatown, Pasadena, San Bernardino, San Fernando Valley, San Gabriel Valley, the South Bay and throughout Southern California.