Rest Break Law

In California, employers by law must provide non-exempt employees with rest breaks. Los Angeles missed rest break attorney Gallenberg PC has helped many Californians with their missed rest break claims. We offer a free confidential initial telephone intake to prospective clients. We also accept cases on a contingency fee basis. If you believe your employer is violating rest break laws, call us now at (818) 237-5267 (Burbank) or (213) 986-8432 (Los Angeles) or (310) 295-1654 (Beverly Hills) or you can fill out our quick and easy online Case Evaluation Form; this is the fastest way to get your case screened by an attorney.

In addition to paying a minimum wage and overtime, employers must provide rest and meal breaks to employees in California. The employer must provide a ten-minute rest break relieved of all duties, and these must be provided every four hours (or major fraction thereof) worked, and the rest breaks must count as time worked. In other words, the employer cannot deduct money from the employee’s pay for rest breaks.

If a rest break is missed, the employer must pay one-hour of pay at a regular rate of pay for each work day when the rest break is not provided. If the additional hour is not paid, the employer may be liable for penalties, costs, and attorney fees associated with not paying the additional hour.

If your employer is not providing you a ten-minute rest break or not providing you a rest break on time (i.e. within the four-hour window), your employer may be violating California rest break laws.

The following are some examples of violations of California rest period laws:

• Working During Rest Breaks. A delivery driver is told his/her rest break is while he drives from one location to another. A rest break must be relieve the employee of all duties, therefore, if someone is made to work during the rest break, this might be illegal because the employee is working and therefore not relieved of all duties.

• Not Enough Rest Breaks. A receptionist takes only one ten rest break in an eight-hour period. A rest break must be provided every four hours or major fraction thereof, therefore, during an eight hour window, there should be two rest breaks provided not just one.

• Late Rest Breaks. A security guard is provided a ten rest break on the fifth hour of work. A rest break must be provided every four hours or major fraction thereof, in this case, the rest break is provided late, and therefore a violation has likely occurred.

• Employee Controlled By Employer during Rest Break. An assistant is told she must take her rest break at her desk and cannot leave the premises. A rest break must be relieved of all duties; therefore, if someone if the receptionist must stay at her desk for example, the employer is exercising control over the employee and not relieving the employee of job duties.

• Employer Not Counting Rest Breaks As Time Worked. Employee is told that the rest break is not time worked and therefore does not pay for that time, and deducts rest break time from the employees’ hours.

Gallenberg PC has recovered millions of dollars for employees who have not been provided rest breaks pursuant to California law. A Los Angeles employment lawyer at our office may be able to take your case on a contingency fee basis! To be considered, you can call our new client intake line or you can fill out our quick and easy online Case Evaluation Form; this is the fastest way to get your case screened by an attorney. We do not charge prospective clients for a confidential telephone intake or online case review.

Submit your case for consideration now to a Los Angeles missed rest break attorney; please dial (213) 986-8432 now. For Beverly Hills, please call (310) 295-1654. To submit your case for review to an employment lawyer in Burbank and surrounding San Fernando Valley, please call (818) 237-5267.