California Overtime Law Firm

* Have you been forced to work through your lunch or rest breaks?
* Were you told that you needed to complete a task before you could take lunch and then never allowed to take your lunch break?

Every worker has a right to a 30-minute uninterrupted meal break. During your meal break you must be free to leave your workplace if you wish. Your employer does not have the right to expect that you be available to "fill in" if you are needed on your meal break. This is your time.

Every worker has a right to a "net" 10 minute break for every 4 hours of work, that begins when she arrived at a place appropriate for rest. It doesn't matter if you are a waitress, a hotel housekeeper or an inside salesperson; it doesn't matter if you work at a retail store or on a construction site. These rights are protected by California employment law.

If you are working during your lunch and meal breaks, then your employer probably owes you an extra hour of pay. You may be able to bring a case in court to seek pay for every lunch break you were denied and for missed rest periods.

A pattern of forcing or expecting employees to miss lunch or rest breaks is an unfair labor practice and what your employer owes you in unpaid time adds up over time.

Hourly employees who will work at least five hours must receive an unpaid uninterrupted 30‑minute meal break; two meal breaks if you will be working more than 10 hours.

Employers must let hourly employees know that they can take 10 minute rest periods if they will be working a 4 hour shift. You can decide to waive your rest break, but your employer must let you know that you have the option of taking a break and cannot prevent you from taking that break.

Are You Afraid Your Employer Will Retaliate Against You?
We understand that it can be difficult to bring a complaint against an employer. Our law firm provides a safe and confidential environment where you can talk with a lawyer who can give legal advice about your case.

As a worker, California employment law protects you from retaliation if you are reporting abuses by your employer. Your employer cannot fire you or take other negative actions against you. If they do, you have another legal case for workplace retaliation and wrongful termination. We can help you with that as well.

If you have been the victim of labor law violations for missed lunch and rest breaks, you are not alone. You deserve fair and just compensation.

» Contact Deskin Law Firm About Your Overtime Compensation Question

If you believe that you are not getting overtime wages when you should use our detailed Overtime Compensation Question form to send us a detailed question about your overtime situation.