Rest & Meal Period Lawyers in
We’ve Helped Hundreds of Thousands of Employees Get Compensated for Their Losses
Carter Law Firm represents workers throughout California who have been the victim of wage and hour violations. Some of the most common violations concern rest and meal periods. Many employers fail in these duties. If you have fallen victim to such unfair treatment, our Newport Beach rest and meal period attorneys can help you put a stop to the unlawful practices and get you the pay and benefits that you are owed.
Rest & Meal Period Laws in Newport Beach
In California, employers are required to follow specific laws pertaining to rest and meal breaks. If you notice that your employer is failing to comply with any of these obligations, it’s time to take legal action.
Rest period requirements include:
- Paid rest periods of ten minutes for every four hours or fraction thereof are available to hourly employees who wish to take them
- The employer must clearly communicate to hourly employees that they are authorized and permitted to take rest breaks, which must come as near as practicable to the middle of the four-hour period
- Rest periods may not be grouped together nor taken at the end of the day in order to leave early
- Employers are only required to provide or permit rest periods; employees are not required to take them, and employers are not penalized when employees freely waive their break time
Meal period requirements include:
- Hourly employees working shifts of at least five hours must receive an unpaid 30-minute meal period in which they are completely relieved of all duties and free to leave the work premises
- The meal period can be waived by the employee for shifts that do not exceed six hours
- A second such meal period is required for shifts that exceed 10 hours
- The employer is responsible for ensuring that employees take their meal period within the first five hours of work
- An employee may not leave work a half-hour early instead of taking a meal period
- Employees must clock-out for the meal period, unless all operations cease and all employees take their break at the same time
What You Could Be Owed
Employees are entitled to one hour's wages at their regular rate of pay for every day the employer fails to provide a meal period. If employees are required to remain at the job site in order to be available to wait on customers or perform other work but must still clock out for their meal periods, they are entitled to payment at their regular rate of pay for the meal period plus the premium of one hour's pay.
Employees are also entitled to one hour's premium pay at their regular rate of pay for every day on which they were not provided one or more paid rest periods, which they did not waive.
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