Meal and Rest Breaks

Meal and Rest Breaks at Work

Failing to provide meal and rest breaks is illegal under California law. These breaks are vital for employee health, safety, and productivity, yet some employers deny them, leaving workers exhausted and unprotected.

What are Meal and Rest Breaks at Work

Meal and rest breaks are required pauses during work hours, allowing employees to eat, rest, and recover. They promote well-being and prevent burnout. Key elements include:

Meal Breaks: 30-minute unpaid breaks for shifts over 5 hours.
Rest Breaks: 10-minute paid breaks per 4 hours worked.
Conditions: Breaks must be uninterrupted and free of work duties.

Knowing what Meal and Rest Breaks are helps employees identify violations.

Examples of Meal and Rest Break Violations at Work

Employers may breach employment laws by:

Denying Breaks: Not providing required meal or rest periods.
Interrupting Breaks: Requiring work or on-call duties during breaks.
Skipping Second Breaks: Omitting additional meal breaks for shifts over 10 hours.
Non-Payment: Failing to compensate for missed rest breaks.

These violations can harm employees and trigger legal consequences.

Laws Protecting Your Rights at Work

Federal Protections

Fair Labor Standards Act (FLSA): Does not mandate breaks but requires payment for breaks under 20 minutes and allows unpaid meal breaks if duty-free.

California Protections

California Labor Code: Mandates:

A 30-minute unpaid meal break for shifts over 5 hours (second break after 10 hours).
A 10-minute paid rest break per 4 hours worked.
One extra hour of pay per missed break as a penalty.
California’s laws ensure employees receive rest and compensation for violations.

How to Protect Yourself if You Experience Meal and Rest Break Violations at Work

If your break rights are violated, follow these steps:

Document Every Detail: Note dates, times, and specifics of missed or disrupted breaks. Retain emails, texts, Slack or Teams messages, or reviews that reveal missed or disrupted breaks. It is critical that you not only document everything but also keep a copy of everything for yourself. Save a copy of everything for yourself. If you use a work email, upon termination or constructive discharge, you will be immediately locked out of the system. So, it is important you have a copy of everything saved in real time. Do not wait until it is too late.
Identify Witnesses: Ask coworkers if they observed or experienced similar treatment.
Report to Your Employer: Submit a written complaint through your company’s HR or complaint process.
File a Complaint: Report to California’s Labor Commissioner within 3 years. An attorney can help you with filing these claims.
Consult an Attorney: An experienced employment lawyer in California can evaluate your case and advise you.

Time is critical, missing deadlines can weaken your claim.

Act Now to Secure Your Rights

Given the deadlines to bring these claims, it is important to act fast. California law provides powerful protections, and an experienced attorney can help you take action. Staggs Law is committed to protecting employee rights across California.

This is not legal advice and does not create an attorney-client relationship.