California Wage And Hour Lawyer Straight Talk: What If I Am Not Allowed To Take My Meal Breaks?

California Wage And Hour Lawyer Straight Talk

If you are a California worker - you need to know the truth about California Wage and Hour Laws. Here, we give it too you straight. Just good old fashion unsweetened, unvarnished, unabashed truth. This article is by a California Wage and Hour Lawyer. If you have been cheated out of your wages, we recommend you hire the best California Wage and Hour Attorney you can find.

Rest and Meal Periods In California

Under California Wage and Hour law, if you are an hourly employee working shifts of at least five hours you must receive an unpaid 30-minute meal period. In order to qualify, your meal period must be completely uninterrupted. That is, no cell phone calls, no taking a break to respond to a customer or client or the like. In other words, you have to be completely relieved of all duties and be free to leave the work premises.

You (read: employee) must clock-out for the meal period, unless all operations cease and all employees take their break at the same time.

Your employer is responsible for ensuring you (read: employee) take your meal period within the first five hours of work.

Meal Period Waivers

Meal periods cannot be waived, nor may you leave work a half hour early instead of taking a meal period. Your meal period can be waived by you for shifts that do not exceed six hours.

The Second Meal Period Rule

Your employer is required to provide you a second meal period for shifts that exceed ten hours. This is one California Wage and Hour law this is very rarely provided to employees.

You Are Entitled To An Hour's Wages

If your employer fails to you provide a meal period - as described above - you are entitled to one hour's wages at your regular rate of pay for every day your employer fails to provide a meal period. If your employee requires you to remain at the job site in order to be available to wait on customers or perform other work but still requires you to clock out for your meal periods, you are entitled to payment at their regular rate of pay for the meal period plus the premium of one hour's pay.

If you have not received meal breaks or premium compensation for unprovided breaks you are entitled to back pay of one hour's pay per day.

What Can Be Done?

We are frequently asked, "What if my employer doesn't allow me to take my meal breaks?" The simple answer, "A lot."

California law allows you to enforce your California Wage and Hour rights and remedies. Trouble is, most folks either don't know this or know how to enforce their rights. That is where a seasoned California Wage and Hour Lawyer really comes in handy. If this happens to you, our advice is to hire the best California Wage and Hour Attorney you can find.

Disclaimer

This article is not legal advice. Your situation and/or circumstances may differ from those described in this article. Whenever you are bringing a court claim for money, your credibility is always at issue. Always tell the truth.

by: William Turley

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