Moreno Valley Meal and Rest Breaks Lawyer
Meal and rest breaks are the rights of California employees under the state’s labor code. Enjoying a brief rest period makes you more productive and relaxed at work. Having a nice meal allows you to focus on work and not worry about hunger.
Some employers in Moreno Valley, CA try to skirt these rules and avoid giving employees the breaks that they deserve. If you think that your company is violating your meal or rest break rights, you should speak with a Moreno Valley meal and rest break lawyer who can analyze your case and see if you are entitled to a payout.
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Ferraro Vega San Diego Employment Lawyers: Your Meal and Rest Break Attorneys
You don’t want to trust your employment law case to any lawyer. You need someone with experience in the field who knows how to argue against a company and its lawyers. At Ferraro Vega San Diego Employment Lawyers, we work exclusively on labor and employment law cases and have plenty of experience in the field. We offer an initial consultation to new clients and work on a contingency basis.
What Are the Meal and Rest Break Laws in California?
California has some of the most generous laws regarding meal and rest time during the workday in the United States. It’s important to understand your rights regarding when you can take your lunch break and if your employer can make you work during it.
While the federal government does not mandate that employees have a meal break, California law gives employees protections for having a meal break. In Moreno Valley, the law entitles an employee to an unpaid meal break of at least 30 minutes if they work more than five hours in a day. Employees who only work six hours daily may opt to waive the meal break, but employers cannot coerce an employee to skip a lunch break.
If you work more than 10 hours in a day, your employer must offer you a second unpaid meal break.
California and federal law prohibits an employer from making an employee work during an unpaid meal break. You must be fully off-duty during the break unless the nature of your job prohibits an off-duty lunch. These are rare in California, and you should talk to a Moreno Valley employment lawyer to discuss your situation if you have a working lunch.
For every four hours you work, you have the right to a 10-minute paid rest break. An employee working eight hours will have two rest breaks, and employees working 12 hours deserve three rest breaks. Your employer can offer additional rest breaks, but they only have a legal obligation for one break every four hours.
What Should I Do If My Employer Violates My Right to Meal or Rest Breaks?
If you’ve noticed that your rest breaks aren’t as long as they should be, or your employer encourages you to waive a meal break, you may have a right to restitution.
Your first step is to speak with an employment attorney to see if your case is worth pursuing. Once you have an attorney, you should assist with gathering evidence. Try to find any witnesses who saw the infraction or anything in writing indicating that you may have had your rights violated.
Then, you can let your attorney take care of the legal matters and try to fight for restitution. Your employer must pay one hour of pay for each rest or meal break that you missed. This pay is at your regular rate, and the labor code calls this premium wages.
Should I Hire an Attorney to Help Me With a Meal or Rest Break Violation in Moreno Valley?
While you can take your chances representing yourself in a legal battle with your employer, you will have better odds with an attorney on your side. Your employer will likely take on legal counsel to represent itself, so you should match this with an attorney of your own.
A Moreno Valley employment law attorney knows the labor code better than a layperson and can better advocate for you if the trial goes to court. No one should go it alone when dealing with the legal system, and an employment lawyer working with you means that you don’t have to.
Employment Attorney FAQs
Q: Does California Law Require 15-Minute Breaks?
A: California law requires employers to give an employee a paid 10-minute break for every four hours of work. The state encourages companies to place this break near the middle of a shift, though it does not mandate it. Your employer cannot ask you to do any work during this break. If your employer misses a break, you may be entitled to one hour’s pay for every break that you missed.
Q: What Is the Law for Breaks and Lunches in California in 2023?
A: California companies or any business operating in the state must provide a 30-minute unpaid lunch for an employee working more than five hours. Employees can waive this lunch break if they work under six hours, but they must do it of their own volition and with no coercion from the company.
Q: Is It Illegal to Work 8 Hours Without a Break in California?
A: Your employer must offer you an unpaid 30-minute meal break and two paid 10-minute rest breaks if you work 8 hours a day. Companies that fail to provide these breaks to their employees or attempt to limit these breaks are in violation of the California legal code and face penalties.
Q: What Is the Longest That You Can Work Without a Break in Moreno Valley?
A: After four hours of work, you must have a rest break, according to the California labor code. Your employer cannot ask you to do any work during this time, and your employer has to pay you during the break. If you don’t receive a break at a reasonable time, you have the right to compensation for missed breaks.
Ferraro Vega San Diego Employment Lawyers: Experienced Labor Violation Attorneys
A missed break here and there may seem minor, but these offenses are severe and constitute a violation of an employee’s rights. If you are the victim of missed breaks, speak with a Moreno Valley employment lawyer. At Ferraro Vega San Diego Employment Lawyers, we can help you with labor issues. Contact us today for a consultation.