Wage & Hour, Meal & Rest Breaks FAQ
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California employment law requires employers to pay minimum wage, pay for overtime hours, and provide meal and rest breaks. If your employer refuses to acknowledge these laws, you should act now 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 our invincible attorney can help you:
- Harvard Law School graduate
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With 35+ years of experience, we can help with your wage, meal, or rest break case. Contact us for a FREE consultation!
Employment Law Frequently Asked 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 get answers and compensation.
How is overtime computed?
Employees are entitled to one and a half overtime when they work more than 8 hours per day or exceed 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 two 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 a break?
The penalty is one hour pay for failure to provide you a break.
Is my boss responsible for making sure that I take my meal and rest breaks?
No. Your employer only needs to make sure that you can take your allotted meal breaks and rest breaks. It is not your employer’s responsibility to enforce these breaks or to ensure that you take them. 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?
You can sue your employer for meal/rest break violations going back 3 years, as recently asserted in the California Supreme Court case Murphy v. Kenneth Cole. You may also be able to sue your employer for 4 years due to unfair competition laws. Speak with our Los Angeles lawyer about this for more information.
Can my right to a meal break be waived?
You and your employer can waive your 30-minute meal break if there is a mutual agreement and if your total work day is six hours or less.
When should my rest breaks/meal breaks be scheduled?
For workday lasting 8 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 Attorney
Don't let an employer fail to pay the full amount you have earned—let a Los Angeles wage & hour claims lawyer help you! With 35+ 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. Harvard graduate Alan Burton Newman has recovered millions in employment claims in Los Angeles and Ventura Counties.
Call (310) 986-2792 to discuss your options with our Super Los Angeles wage and hour lawyer!
- Over 3 Decades of Experience
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