Posted On: July 12, 2008 by Greenberg & Rudman

DOES YOUR EMPLOYER ALLOW YOU TO TAKE MEAL BREAKS AND REST PERIODS? CA LAW REQUIRES THEY MUST.

In CA, it is the law that your employer allows you to take a 30 minute meal break for every 5 hours you have worked, if your work day is longer than 6 hours. Even if your work day is less than 6 hours, you must agree to waive your right to a meal break with a written agreement between you and your employer. The California Labor Code also requires that employers permit employees to take a rest period lasting at least 10 minutes for every 4 hours worked. There are very few exceptions to the California meal break and rest break rules and an experienced lawyer will be able to help you make sure your rights as a CA employee are being protected.

Additionally, the law in CA provides that if you qualify for a meal period and your employer fails to provide you with one, your employer owes you one hour of pay at your regular rate of compensation for each work day that the meal period is not provided. The law in California is very protective of your rights as an employee, which include the right to take meal and rest breaks. It is illegal in CA for your employer to ask you to waive your meal break or to make you take your meal break at the beginning or end of your shift. For example, if your shift is 8 hours, your employer cannot demand that you take your meal break after 7.5 hours of work, and then send you home. The law clearly states that for certain employees, a meal break is required after 5 hours of work. An experienced employment attorney will help you determine if your meal break and rest period rights are being violated.

coffee_break.jpgTalk to your employer to ensure that you are receiving the meal breaks and rest periods you are entitled to as a CA employee. If you feel like your employer is not providing you with the appropriate breaks, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation regarding your legal rights in California and to hear how one of our experienced employment attorneys may be able to help you. Your call is completely confidential, and we are here to help.