Missed Meal And Rest Periods

All non-exempt employees are entitled to takie uninterrupted time off for meals and rest breaks while on the job. Employees who are “exempt” from these laws are those classified as executive, administrative, sales personnel, or managers who are generally paid by a salary.

Meal Periods

An employee is entitled to at least a 30-minute uninterrupted meal period within the first 5 hours of their shift. However, if the employee is working only a total of 6 hours in a day, they can agree to waive their meal period.

In a shift that exceeds 10 hours, an employee is entitled to a second meal period. However, if the shift is no more than 12 hours, the employee may waive the second meal period as long as they did not waive the first.
An employer that denies meal periods in accordance with the law must pay an additional hour of pay at the employee’s regulate rate of compensation.

Rest Periods

In addition to meal periods, employees are entitled to take an uninterrupted 10-minute rest break for each 4 hours of consecutive work. In similarity with meal periods, an employee’s rest period must also be uninterrupted and relieved of all work. 10-minute rest periods are supposed to be permitted in the middle of each workday.

An employer that fails to provide an employee with their rest period must pay an additional hour of pay at the employee’s regular rate of compensation.
It is also illegal for an employer to retaliate against employees for asking for wages they believe are owed, or for filing claims with the Labor Commissioner.
If you believe your employer failed to pay to provide you with meal and/or rest periods, you may be entitled to compensation. Our firm is committed to helping you evaluate your options and obtaining the highest recovery.

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