California 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!
With 40+ years' experience, we can help with your wage, meal, or rest break case. Contact us for a FREE consultation!
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 your case.
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 Court case 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.
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.!
"I was afraid that if I hired an attorney to get me the overtime wages which I was entitled to that I would be fired. Instead, when I hired Alan Newman, I not only received a settlement but also my working condition was improved."
"I found Mr. Newman on the internet. The facts of the case were very difficult and the company was one of the largest companies in California. I never thought that they would settle. However, Mr. Newman made it clear to them that if they do not make a fair settlement, he would file a lawsuit. Shortly after they settled."
"I never imagined suing my former employer, and I was not sure what would happen if I sued them. Mr. Newman assured me that I was entitled to the money, that I was doing the right thing, and that I would receive a substantial settlement within 90 days without filing a lawsuit. He was 100% correct. I strongly recommend his legal services."