Aggressively Advocating For Clients Since 1981

Attorneys Fighting To Protect Meal And Rest Breaks For California Workers

It should go without saying that humans are not robots – we require food and rest. That’s why California has strict laws governing meal and rest breaks for hourly workers. Unfortunately, many employers ignore these laws entirely or try to get away with interrupting their workers’ breaks.

If your employer is consistently telling you to skip breaks or do modified work through them, you need a skilled attorney on your side who will protect your rights and advocate for your interests. Since 1981, workers throughout California have turned to Cohelan Khoury & Singer for help with their employment and labor disputes. Our team of attorneys has more than 200 years of combined legal experience, and our firm only represents workers – never employers.

Legally Protected Meal Breaks For Workers In California

If you work more than five hours in a day, your employer must give you a 30-minute meal break. It cannot be interrupted, meaning you should be free to leave your work area and not perform any work duties. If your shift lasts fewer than six hours, you can choose to skip this break, but only if you and your employer agree.

For shifts longer than ten hours, you are legally allowed an additional meal break lasting 30 minutes. You can choose to waive this second break if your total work time is less than 12 hours and you took your first meal break.

You Are Entitled To Paid Rest Breaks For Longer Shifts

For every four hours you work, you are entitled to a 10-minute paid rest break. Here is how the breaks are allocated:

  • Shifts between 3.5 and 6 hours in length: One 10-minute break
  • Shifts between 6 and 10 hours in length: Two 10-minute breaks
  • Shifts between 10 and 14 hours in length: Three 10-minute breaks
  • Shifts between 14 and 18 hours in length: Four 10-minute breaks

These breaks should be taken in the middle of your work period, if possible. During these rest breaks, you should be relieved of all duties and allowed to rest.

Employers Can Face Penalties And Liability For Violating Meal And Rest Break Laws

If your employer does not provide the required meal or rest breaks, they must pay you one additional hour of pay at your regular rate for each day a break was missed. This is known as “premium pay.”

If your employer consistently deprives you of meal and rest breaks, our attorneys can help you seek compensation and justice in a lawsuit for wage and hour violations. In such cases, chances are good that other employees have been impacted as well, meaning we may be able to turn your case into a class-action lawsuit.

Discuss Your Concerns With An Attorney For Free

From our San Diego office, Cohelan Khoury & Singer serves clients throughout California. To take advantage of a free initial consultation with one of our meal and rest break violations attorneys, call 888-652-2201. You can also reach out online.