Everyday, California hourly employees are short-changed by their employers by either being deprived of break or meal time during the work day or, if break time is provided, failing to pay their employees for break time.  If your employer fails to provide you with time for breaks and meals, or fails to pay you for break time, contact the Jurewitz Law Group to discuss your rights.

Break and Meal Time

California Labor Code sec. 226.7 states employees are entitled to one ten-minute break period for every four hours worked.  In addition, if an employee works at least five hours in a given day, the employer must provide the employee with a 30 minute meal period.  During that time, the employer must permit the employee to be free to completely enjoy the break (the employee is relieved of his employment duties) and to leave the premises.  If those conditions are met, the meal break is unpaid.  On the other hand, if the employee is confined to the employer's premises or is must be on call, the meal period must be paid.

Exceptions

If an employee works for more than 5 hours in a given day, but less than 6 hours total, the employee may waive his right to a meal break if the employer consents.  In addition, if the employee works more than 10 hours in a day, the employee must be given a second 30 minute meal break (which can be waived if both the employee and employer consent when the employee works less than 12 hours in the same day).

Penalties

Any employer who fails to provide its' employees with meal and/or break periods must pay the employee an additional hour of pay for every violation.  In addition, an employee may be subject to a civil penalty for each violation if it is deemed that the employer willfully failed to provide its' employees with the required breaks.

If you would like to consult with our office regarding a potential unpaid meal and break time claim, contact us online or call us at 888-233-5020 to set up a FREE consultation to discuss your legal options.