In most circumstances, California law stipulates that hourly employees cannot work for more than five hours per day without being provided with at least one uninterrupted meal break of at least 30-minutes’ duration. Though there are exceptions, these meal breaks generally need to conform to certain basic requirements, including: They must be taken at regularly established intervals Employees must be completely relieved of duties for the duration of the break The employee may choose whether to remain at the worksite during the meal period. Employees who work more than 10 hours per day may be entitled to take a second meal break.

San Jose Missed Meal & Rest Breaks Lawyers

Los Angeles law protects an employee’s right to take uninterrupted meal and rest breaks. If you fail to receive breaks or receive short, late, or interrupted breaks, your rights may be violated.

Work Breaks are Required by San Jose Law

If your employer has failed to comply with these vital workplace protections, the law is on your side. While some breaks may be waived by mutual consent, they cannot be revoked by an employer without your approval.

Meal Break Laws

In most circumstances, California law stipulates that hourly employees cannot work for more than five hours per day without being provided with at least one uninterrupted meal break of at least 30-minutes’ duration.

Though there are exceptions, these meal breaks generally need to conform to certain basic requirements, including:

They must be taken at regularly established intervals
Employees must be completely relieved of duties for the duration of the break
The employee may choose whether to remain at the worksite during the meal period.
Employees who work more than 10 hours per day may be entitled to take a second meal break.

Rest Break Laws

In addition to meal breaks, employees must be authorized and permitted to take rest breaks, which accrue at a rate of ten consecutive minutes for each four-hour work period. When problems arise concerning rest periods, you could be entitled to compensation.

Like meal breaks, these rest breaks must meet certain basic requirements, including:

Rest periods must be paid as normal working hours
They must be taken in the middle of the work period

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If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.

Did You Know?

Meal Breaks

California law stipulates that hourly employees cannot work for more than five hours per day without being provided with at least one uninterrupted meal break of at least 30-minutes' duration.

Rest Breaks

Employees must be authorized and permitted to take rest breaks, which accrue at a rate of ten consecutive minutes for each four-hour work period.

Denied Breaks

If your employer fails to provide the required meal period, you are to be paid one hour of pay at your regular rate of compensation for each workday that the meal period is not provided.

Is It Illegal, or Just Unfair?

Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.

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