Under California law, most workers are entitled to meal breaks or rest breaks if their shift is long enough. If you are entitled to a meal or rest break and your employer does not allow you to take one, they are breaking the law. Here’s what you need to know about meal breaks and rest breaks in California

Meal Breaks

Meal breaks are 30 minutes long and are unpaid time during which you are relieved of all work and free to leave the workplace. Most workers are entitled to a meal break by the fifth hour of each workday. If your shift is ten hours or longer, you are entitled to two meal breaks. If you are entitled to a meal break and your employer does not allow you to take one, they are breaking the law.

Rest Breaks

You are entitled to rest breaks based on how long you work. The chart below shows the number of ten-minute breaks to which you are entitled based on how long you work:

Payments for Missed Breaks

If you are not relieved of duty for a required meal or rest break, your employer is required to pay you an additional hour of pay at your regular rate. Your employer also must pay the extra hour of pay if your break is late, shorter than the required time or interrupted by work.

What to Do If Your Employer Fails to Provide Breaks

If your employer is failing to provide you breaks, the same thing is probably happening to other employees at your workplace. You and your co-workers are entitled to be paid for missed or late breaks. When an employer deprives many workers of even a small amount of time or money, it adds up. The employer is getting a large benefit at the employees’ expense.

Not only does California law provide rights for employees, it also provides a mechanism for holding employers accountable. You can file a lawsuit for denial of meal breaks or rest breaks. A lawsuit can get compensation for employees who were deprived of breaks. It can also discourage employers from engaging in future unfair treatment.

How The Graves Firm Helps Employees Denied Breaks

At The Graves Firm, we have decades of experience in California employment law. Attorney Allen Graves spent years working at Paul Hastings, a large national law firm that represents corporate employers. During that time he worked exclusively defending large companies in employment lawsuits. We think knowing our opponents from the inside out gives us an edge when it comes to fighting for you.

Our track record bears that out. The Graves Firm has secured over $100 million for workers in lawsuits against California employers. Our success stems from the way we approach our work. Our caseload is intentionally smaller than those of many firms; we want to give each client and case the attention they deserve. We are also selective about the cases we accept, focusing on those that can make a difference in how workers are treated. The Graves Firm partners with clients who want to make a difference in the workplace, filing lawsuits with strong claims against employers.

Most cases settle at some point before trial. One thing that sets The Graves Firm apart is that we are not seeking a quick settlement; we would rather make sure our clients get the best settlement possible, even if it takes a little longer.

If you have been denied breaks, you are probably not alone. Taking action can help not just you, but your co-workers as well. You may not be sure whether your employer is violating the law. You don’t have to figure it out on your own. We invite you to learn more about our attorneys, our services, and our track record, and to contact The Graves Firm to schedule a consultation.