
What happens when I don't get a meal break?
Failing to Permit Meal Periods
Employees working more than 5 hours per day must be provided 30-minute meal periods unless they work shifts of six hours or less and agree to waive the break for that day. If the shift lasts ten hours or more, a second meal period is required.
You have to be relieved of all job duties. That means no work whatsoever: no cell phone calls from work, no talking to the boss while eating, no picking up phone calls during lunch. Employees must be relieved of all job duties and may not have their breaks interrupted with work.
Failing to Permit Rest Periods
Employers are required to permit and authorize employees to take ten minute breaks, with pay, for every four hours of work "or major fraction thereof." That means that the second break obligation applies if a shift exceeds six hours, and a third applies if the shift exceeds ten hours.
You are owed an hours pay for every meal break or rest break you did not receive
Employers who do not provide the breaks required under California law must pay the affected employee an extra hour of pay at the employee's regular rate of pay for that day. At an hour of pay per employee per day, the liability can be substantial.
It's Stealing Your Money is what it is...
When your employer doesn't allow your 10 minute rest period they are, in effect, stealing 10 minutes of wages from you. At two times a day, this wage theft can really add up.
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The Turley Law Firm
626 Broadway, Suite 625
San Diego, CA 92101
Phone: (619) 234-2833
Fax: (619) 234-4048
Toll Free: 866-963-0540
The San Diego, California personal injury law firm of The Turley Law Firm serves clients across Southern California area. We give you straight talk about your legal options. We have handled cases from San Diego to Imperial Beach to Oceanside to Escondido to El Cajon, everywhere in between, such as: Alpine, Camp Pendleton, Cardiff, Carlsbad, Chula Vista, Coronado, Del Mar, Eastlake, Encinitas, La Mesa, La Costa, La Jolla, Lakeside, Lemon Grove, Mission Bay, NAS San Diego, National City, Naval Station San Diego, North Island, North County, Pacific Beach, Point Loma, Port of San Diego, Poway, Ramona, Rancho Bernardo, Rancho Santa Fe, San Marcos, San Diego Harbor, Santee, Solana Beach, South Bay, Spring Valley, Vista.
We handle cases across California, including: Riverside County, San Bernardino County, Orange County, Imperial County, Los Angeles County, and Ventura County, Colorado River, Mexico, Cabo, Pacific Ocean and all the Oceans and waterways across California and the World.
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The Turley Law Firm, APLC
625 Broadway, Suite 625
San Diego, CA 92101
Phone: 619-234-2833
Fax: 619-234-4048
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