Los Angeles Employment Lawyer Blog

In a recent California employment case, the court decided that it is up to you, the employee, when or whether to take your meal and rest breaks. In other words, your employer does not have to make sure you take your legally-permitted breaks. However, your employer cannot prevent you from using these rest periods and instead needs to make them available to you, the employee. This ruling is good news for many employees, such as food servers and others who would prefer the flexibility in deciding when to take their meal and/or rest period. As an employee, you do not have to take your rest period during busy times, when you might be able to earn greater tips or sales. Rather you can wait to take your break until a time that works best for you.

Depending on the hours you work, your meal and rest periods can vary. Typically, as an employee in California you receive a 30 minute meal break after 5 hours of work. Also, California Labor Code requires that your employer permit you, the employee, to take a rest period lasting at least 10 minutes for every 4 hours worked. While there are a few exceptions to the CA meal break and rest breaks rules, an experienced lawyer will be able to help you make sure your rights as a CA employee are being protected. As the new ruling indicates, it is up to you, the employee, to decide when you would like to take your break, so long as you have worked the required hours.

If you are an employee in CA and you feel like your employer is not providing you with the appropriate breaks for either meals or rest, call the Law Offices of Greenberg & Rudman LLP now at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation regarding your legal rights. You will have the chance to speak with one of our experienced employment attorneys and hear how we may be able to help you. Your call is completely confidential.