Ferraro Vega Employment Lawyers backs California workers who don’t get the breaks and rest periods they are owed. The refusal to provide these breaks is a violation of California labor laws. If this has happened to you and you want to know how to hold your employer financially accountable, contact us today for a free and confidential consultation.
We also protect those who speak up about these violations and make sure employers don’t get away with making threats or trying to intimidate employees.
What Breaks Am I Owed at My Job in California?
Qualifying workers in California are legally required to get breaks and rest periods when they work a certain number of hours.
California’s Department of Industrial Relations explains the break and rest period requirements for many workers in the state:
- An uninterrupted 30-minute unpaid meal break when working more than five hours in a day.
- An additional 30-minute unpaid meal break when working more than 12 hours in a day.
- A paid 10-minute rest period for every four hours worked.
If you are forced to miss a single break and your employer shows a willingness to reimburse you and provide them in the future, you may not need a lawyer for your case. However, if you are frequently expected to skip breaks and your employer won’t make changes, it may pay to speak to a lawyer. You should also speak to a lawyer if many coworkers are in the same situation.
Your California Employment Lawyer will fully investigate your work environment and your employer. Your attorney will build a strong case and demand compensation for you for the time that’s been taken. In some cases, that means additional pay for paychecks now and in the past.
Domestic Workers and Agricultural Workers Break Requirements
Some California workers are under a different set of rules when it comes to guaranteed breaks. Domestic workers, such as housekeepers, child care workers, and gardeners, are subject to a separate set of rules. Additional information on meal periods and rest periods can be found on the Labor Commissioner’s website.
Special rules for rest periods are also in effect for the construction, drilling, logging, and mining industries. Female employees who need to express milk also get lactation break times and private areas to take these breaks.
Farmworkers are also required to get certain breaks, and there are rules to make sure those people working in the heat get cool-down breaks.
The DIR explains the rest agricultural workers must be given:
- A paid 10-minute rest break for every 4 hours of work.
- An unpaid meal break of at least 30 minutes if they work more than 5 hours. (An employee can agree to skip meal breaks if the workday is 6 hours or less.)
Punishment for Employers Who Refuse Breaks
California companies can end up paying their employees for more hours in the day if they refuse to provide breaks.
For starters, qualifying employees who aren’t allowed to leave their workplace for a meal break get paid for their meal break.
Rest Period Missed: Employers failing to provide an employee a rest period must pay the employee one additional hour of pay at the employee’s regular wage for each day it’s missed.
Meal Periods: Employers failing to provide an employee a meal period must pay one additional hour of pay at the employee’s regular hourly rate of pay. This is for each workday that a meal period is skipped. This additional hour is not counted as hours worked for purposes of overtime calculations.
Employees who find they aren’t allowed to take these breaks and rest periods can file a claim with the Division of Labor Standards Enforcement. It’s also important to consult with a lawyer to see if you could earn more for the physical strain you’ve already had to endure. Your lawyer can represent you before the Division of Labor Standards Enforcement and before your employer.
Fighting Back After Retaliation for Reporting Meal and Rest Period Violations at Work
Employers may accept their mistake and try to make things right. However, some companies try to put pressure on employees to stay quiet. Businesses may even try to intimidate employees. Employees may fear losing their jobs or being reported to immigration officials simply for trying to get fair treatment. These actions are illegal according to state and federal law.
The DIR goes over what is considered retaliatory behavior in these situations:
- Termination, suspension, transfer, or demotion
- Reduction in pay or hours
- Disciplinary actions or threats
- Unfair immigration-related practices
The Retaliation Complaint Investigation Unit (RCI) looks into these claims and takes them seriously. Employers can face big financial penalties and have to restore your employment.
You can file a claim with the RCI. In these cases, the protection of a lawyer can be critical to your safety and security. A lawyer can take legal action and file lawsuits against employers who take these shady tactics simply to avoid doing what’s right for workers.
Contact a California Meals and Rest Break Lawyer Today
If your employer has stopped you from taking the breaks that California guarantees to all workers, you have a case, and you may be owed quite a bit of back pay.
At Ferraro Vega Employment Lawyers, we’re here to help you make sure you get reimbursed for the rest periods you’ve lost and perhaps even more. We take up the fight until you receive what you are owed. We help victims of wage loss in San Diego, Los Angeles, Fresno, San Francisco, and across all of California.
California labor laws protect all workers, including undocumented workers. We help all victims seek justice no matter their citizenship status.
Don’t wait–contact us today for a free, confidential consultation.