Meal and Rest Violations

 

If your current or former employer failed to provide you with your legally mandated meal or rest periods, contact the attorneys at the JCL Law Firm in California. The class action attorneys at the JCL Law Firm have recovered millions of dollars in backpay and penalties for meal and rest period violations on behalf of California employees. The JCL Law Firm represents employees seeking backpay and penalties for missed meal and rest periods throughout California, including San Diego, Irvine, Costa Mesa, Santa Ana, Anaheim, Los Angeles, San Jose, San Francisco, Oakland, Sacramento, Orange County, Imperial County, San Bernardino County, Solano County, Contra Costa County, Napa County, Sonoma County, Marin County, Santa Barbara County, Alameda County, Santa Clara County and Riverside County.

California law requires employers to provide non-exempt employees with a 30-minute, uninterrupted, and duty-free meal period for every 5 hours of work. Employers must also provide a 10-minute, uninterrupted, and duty-free rest period for every 3 1/2 hours of work.

For each workday an employer fails to provide an employee with a required meal period, or if the required meal period is interrupted, the employer owes the employee one additional hour of pay at the employee's regular rate of pay, which must be included in the next paycheck.

If an employer fails to provide an employee with a required rest period, or the rest period is interrupted, the employer owes the employee one additional hour of pay at the employee's regular rate of pay, which the employer must include in the next paycheck.

Generally, when an employee works for a work period of more than five hours, a meal period must be provided no later than the end of the employee's fifth hour of work (in other words, no later than the start of the employee's sixth hour of work). When an employee works for a period of more than 10 hours, a second meal period must be provided no later than the end of the employee's tenth hour of work (in other words, no later than the start of the employee's eleventh hour of work).

Generally, as much as practical, the rest break must be given in the middle of the four-hour work period.

Sometimes. Unless the employee is relieved of all duty during his or her thirty minute meal period, the meal period shall be considered an "on duty" meal period that is counted as hours worked which must be compensated at the employee's regular rate of pay. If the employee is relieved of all duty during the meal period, the meal period shall be considered an "off duty" meal period and the employee is not compensated

Yes. Employers must treat rest periods as hours worked and must pay employees for their time during the rest period.

Sometimes. If the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee.

A second meal period of not less than thirty minutes is required if an employee works more than ten hours per day. The second meal period can only be waived by mutual consent if the first meal period was not waived. If the employee works more than twelve hours per day, the second meal period cannot be waived.

No. An employer cannot compel an employee to waive a rest period.

Since 2010, the class action attorneys at the JCL Law Firm have resolved several wage and hour class actions arising from meal and rest period violations resulting in millions of dollars of backpay and penalties for California employees.

Attorney Jean-Claude Lapuyade has been recognized as a Super Lawyer® Rising Star by Thompson Reuters in 2015, 2016, 2017 and, again, in 2018. To be eligible for inclusion as a Rising Star, a candidate must be either 40 years old or younger or in practice for 10 years or less. No more than 2.5 percent of eligible California attorneys are named to the annual Rising Star list.

The attorneys at the JCL Law Firm strive to exceed client expectations through attentive, effective, result-driven representation. The firm emphasizes a well-planned, thorough, yet cost-effective investigation, coupled with aggressive legal representation to achieve this goal. The firm represents California employees on a contingency fee basis. This means we don't get paid a legal fee unless we recover money for you, our client. In most cases, we advance the costs of litigation. Therefore, there are no upfront costs to the firm's clients. If you believe your employer denied you meal or rest periods, call the experienced labor and employment class action attorneys at the JCL Law Firm at 1-888-498-6999 for a free consultation.