Meal Period Violations
In addition to paid 10-minute rest periods, hourly employees who work shifts of five (5) hours or more are entitled by law to take an unpaid thirty (30) minute meal break. If you miss the break or you are called back to your shift during the half hour or perform any work-related tasks during that time, such as working from your desk or answering a customer’s question, you need to be paid one extra hour of pay for that day.
Most meal break violations cases include:
- Employees not receiving a break at all;
- Employees having their break interrupted or
- Employees receiving their break too late in the day (i.e., after the start of the fifth hour).
These cases are most common in companies that schedule appointments back to back with little room in between so there is no opportunity to take a break. This especially applies to employees in field positions who are driving from point A to point B and cannot stop, or for those employees who go through security checks that cut down their meal period to less than a half hour.
Rest Period Violations
If you're an hourly employee, you are entitled to take a 10-minute rest break for every four (4) hours you work. These 10minute breaks should fall as near as possible to the middle of the employees’ four (4) hour work period. Employers are not only obligated to provide their employees paid 10-minute breaks, they are also required to clearly inform their employees of the right to take them. If you are not being allowed to take your 10-minute rest breaks, contact our firm and we can assist.
Although employers must allow their employees to take these paid ten minute breaks, employees are not required to take them though.
The law also states that an employee who works for eight (8) hours or more is entitled to two (2) paid 10-minute breaks, but they’re not entitled to group them together to take a 20-minute break or to use their unused break time as an excuse to leave work early.
Is Your Employer Allowing You To Take Meal or Rest Breaks?
If you have or are having issues with your employer with meal and rest breaks, rest assured that we can help! Contact Salusky Law Group at (562) 855-0004 to schedule a case evaluation.