Wage & Hour, Meal & Rest Breaks FAQ
Employment Lawyer for Wage & Hour Claims in LA: Call (310) 986-2792
employment law requires that employers pay minimum wage and overtime, and provide meal
and rest breaks. If your employer refuses to acknowledge these laws, you
should take action to pursue the wages you deserve. Alan Burton Newman, PLC has
recovered millions of dollars in settlements and has taken on companies like Verizon, Home Depot, and General Motors
Corporation. No company is too big or too small to fight. If you have
been mistreated, our firm can help you!
Reasons why Alan Burton Newman, PLC can help:
- Over 30 years of experience
- Successfully taken on big companies
- Offers free case evaluations
- No legal fees unless we win
With 40+ years' experience, we can help with your wage, meal, or rest
break case. Contact us for a
Get Answers to Common Questions
Attorney Alan Newman offers counsel for numerous aspects of employment
law and can answer your questions regarding difficult cases. As an experienced
L.A. wage dispute lawyer, he helps you to get answers to questions about
How is overtime computed?
Employees are entitled to one and a half overtime for work in excess of
8 hours per day or in excess of 40 hours in a week. Double overtime is
required when a person works 12 or more hours per day.
What if my employer doesn't give the right number of hours?
The employer will have to pay the employee a penalty of $50 for the first
pay period and after that $100 per pay period that has been neglected,
in addition to any owed overtime.
How much time do I get for meal breaks?
You have the right to 30 minutes of unrestricted and undiscouraged time
before the end of five hours. This means that the employer can't require
you to work at your desk or stay within the work location or restrict
your activities outside of the work location.
How long do I get for rest breaks?
Employees are entitled to 2 10-minute rest breaks during an 8-hour work
day and can't discourage you from a meal break.
What is the penalty if my employer does not allow me to take break?
The penalty is one hour pay for failure to provide you a break.
Is my boss responsible to make sure that I take my meal and rest breaks?
No. Your employer only needs to make sure that you have the opportunity
to take your allotted meal breaks and rest breaks. It is not your employer’s
responsible to enforce these breaks or to ensure that they are taken.
You cannot sue your employer if you had the opportunity to take your meal
breaks / rest breaks but chose not to.
Can my employer offer incentives for skipping breaks?
No. Your employer cannot offer incentives such as bonuses, raises, promotions,
or other perks to employees for skipping meal breaks or rest breaks. This
was recently affirmed by the California Supreme Court in
Brinker Restaurant Corp. v. Superior Court (53 Cal. 4th 1004, 2012).
How far back can I sue my employer for meal / rest break violations?
Generally speaking, you can sue your employer for meal / rest break violations
going back three years, as recently asserted in the California Supreme
Murphy v. Kenneth Cole. You may also be able to sue your employer for a period of four years
due to unfair competition laws. Speak with our Los Angeles employment
lawyer about this for more information.
Can my right to a meal break be waved?
You and your employer can waive your 30-minute meal break by mutual agreement
if your total work day is six hours or less.
When should my rest breaks / meal breaks be scheduled?
Generally speaking, for a work day lasting eight hours, one rest break
should occur before your meal break and one should occur after your meal
break. The Brinker case clarified that you can schedule a meal break early
within your five hour window. When possible or reasonable, your rest breaks
should be scheduled toward the middle of a work period.
What happens if my boss denies both my rest break(s) and meal break(s)
on the same day?
For a missed meal break and rest break in one day, you may be compensated
for as much as two hours of pay. You are entitled to one hour of pay for
every work day where a required break is not given, under California Labor
Code Section 226.7. Therefore, for two separate missed breaks on the same
day, you would be entitled to two hours of pay.
Protect Your Rights with a Los Angeles Wage & Hour Lawyer
Don't let an employer fail to pay the full amount you have earned—let
an employment lawyer for wage & hour claims in Los Angeles help you!
With 30+ years of experience and millions recovered, our firm is more
than capable of handling your case. You deserve to be treated fairly by
your employer and we will help you protect yourself from exploitation.
Call (310) 986-2792 to discuss your options with a wage and hour lawyer in L.A.!