California hourly workers’ entitlement to meal and rest breaks is one of the most misunderstood of this state’s labor laws. In most instances, hourly employees are allowed at least one 30 minute (unpaid) meal break within the first five hours of work, and a second (also unpaid) meal break if more than 10 hours are worked in a given day. Employers and employees can agree to a longer period, yet breaks cannot be divided up so as to equal less than 30 consecutive minutes. If an employer does not allow a full break within the first five hours (or a second break within ten hours), the law is often violated. Since a violation of any of these requirements entitles the employee to one hour of pay per day, multiple daily violations can entitle the worker to a substantial award.

Similarly, most hourly workers are entitled to one rest break every four hours of work. These breaks are to be a minimum of ten minutes in length and, again, cannot be divided into smaller time intervals. Unlike meal periods, rest breaks are paid breaks. Like meal periods, however, not affording rest breaks on any given day entitles (in most circumstances) the worker to an hour’s pay. In some cases, additional penalties are available. Moreover, employers who violate the meal or rest break provisions are oftentimes in violation of overtime, bonus pay or other employment laws as well. Since the laws described here are not often thoroughly explained to employees, companies commonly violate them without anyone else knowing of it.

Scott Cole & Associates has served California’s workforce for many years as one of the state’s most respected workers’ rights law firms and has recovered massive and record-setting settlements for employees for workplace abuses.

For a confidential discussion of your rights against a former or current employer and/or to submit a claim, contact us for more information.