Los Angeles Meal and Rest Break Lawyer
Because California takes the protection of its employees seriously, points out Los Angeles Meal and Rest Break Lawyer Cyrus Shahriari, the state developed laws to ensure that nonexempt employees get meals and rest breaks and wage and hour protections.
Employers are required to make sure nonexempt employees know about their meal and rest break rights. Employers also must provide them with opportunities to take their meal and rest breaks.
In 2012, the California Supreme Court ruled that the employer is not required to make sure that the nonexempt employee actually takes their meal and rest breaks and that no work is being done. In Brinker Restaurant Corp. v. Superior Court the court said that employers only must provide the opportunity and communicate it clearly to the employee.
California Meal Breaks
If you are a nonexempt employee who works more than 5 hours, you are entitled to an unpaid meal period of at least 30 minutes. You must be given your meal break no later than the end of the fifth hour that you’ve worked.
If you are working only 6 hours a day, you AND your employer can agree in writing to waive your meal break, if desired.
A second meal break of at least 30 minutes is due an employee who works 10 hours or more on a work day. The second meal break must be provided not later than the tenth hour worked. The second meal break can be waived if:
- The first meal break was not waived.
- The total hours worked that day is not more than 12.
- You AND your employer agree in writing to waive the second meal break.
Meal Breaks: Paid and Unpaid
Meal breaks are typically unpaid. But for them to be unpaid all of the following requirements must be met:
- The employee is relieved of all duties.
- The employer is not in control of their activities during a meal break.
- The employee is permitted a reasonable opportunity to take an uninterrupted 30-minute break.
- The employer does not discourage employees from taking their meal breaks.
In some circumstances on-duty meal breaks are permitted. The employer is required to pay the employee for that meal break. An on-duty meal break is permitted if it meets all of these conditions:
- The type of work doesn’t allow the employee from being released from all duties.
- You AND your employer must agree in writing to an on-duty meal break.
- Must be paid.
- The employee can withdraw agreement at any time (unless they’re classified as an agricultural worker).
There are certain occupations that are exempt from these rules. Los Angeles meal and rest break lawyer Cyrus Shahriari will be able to explain to you how the law effects your job.
Rest Break Obligations
Employers are required to provide uninterrupted rest breaks for all nonexempt employees who work at least 3.5 hours per day. Anything over 2 hours, requires a 10-minute rest break.
The court says that generally rest breaks should be in the middle of a four-hour work period. Shorter or longer shifts allow the employer to adjust rest breaks so they are more practical for the specific job.
Rest periods are paid the same as time worked. In Augustus v. ABM Security Services, Inc., the California Supreme Court was clear that employees must be relieved of all duties during rest breaks and employers have no control how employees may spend their break time.
Penalties Against Employers
If an employer does not provide appropriate meal and rest breaks – including uninterrupted breaks – it must pay the employee one hour of regular pay for each break missed, up to two a day. Compensation must be paid in the next paycheck.
Deadlines to Bringing a Lawsuit
There are strict statutes of limitations by which time you must bring a lawsuit against an employer for missed meal breaks and/or rest breaks. If you miss the deadline, you give up all rights to claim compensation.
The sooner you see Los Angeles meal and rest break lawyer Cyrus Shahriari about meal and rest break violations, the better. Meal and rest break lawyer Cyrus Shahriari will take steps to preserve evidence and to interview witnesses. This makes your case stronger.
Cost of a Meal and Rest Break Lawyer
The Shahriari Law Firm takes employment cases on a contingency basis. This means you pay no attorney fees until the case is resolved.
Los Angeles meal and rest break lawyer Cyrus Shahriari offers a free, no-obligation, confidential consultation. Contact Cyrus Shahriari to learn about your legal options.