West Covina Meal & Rest Break Lawyer

As Americans, we take great pride in our work. We invest an immense amount of time and energy in our employment and deserve to take breaks to eat or catch our breath between busy schedules. Whether you work at a hotel along West Garvey Avenue North or wait tables at a restaurant on Amar Road, you are likely entitled to some kind of rest and meal breaks. When your employer violates these rights, a West Covina meal & rest break lawyer can protect you.

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Protect Your Break Rights With GUZMÁN & TOKAR LLP

If you believe that you have not been provided with your allotted meal and break periods, the team at GUZMÁN & TOKAR LLP is here for you. Legal claims regarding meal and rest break violations are complicated, and it is essential to have an employment attorney on your side who can help you better understand your rights and options. At GUZMÁN & TOKAR LLP, we pride ourselves on taking a client-focused approach and on protecting you.

When it comes to employment law violations, you deserve a legal champion who will stop at nothing to advocate for your rights. At GUZMÁN & TOKAR LLP, we are here to secure the compensation you deserve when your meal and rest break rights have been violated. Whether you are a blue-collar worker on an industrial job site in Walnut Valley or are a white-collar professional in an office space, we are here for you.

Understanding California Meal and Rest Break Laws

Under California labor law, most employees, but not all, are entitled to take meal and rest breaks. These employees are considered “non-exempt” and can take necessary breaks if they work a shift of a specific length. If you believe your meal or rest break rights have been violated by your employer, it is first important to be fully aware of the laws surrounding these breaks:

• California’s meal break laws. If you are considered a non-exempt employee, you have the right to seek a 30-minute unpaid meal break for every five hours you work during a given day. For the break to be considered valid, it must meet the following requirements:
  • It has lasted at least 10 minutes
  • The break has been uninterrupted by your job
  • During your meal break, you are relieved of all your duties, meaning you cannot be required to stick around the jobsite or keep your phone with you
  • During the meal break, you retain the right to leave your place of employment

If you find yourself working more than 10 hours a day, as is common among nurses, truck drivers, and factory workers, you are legally entitled to a second meal break lasting 30 minutes.

• California’s rest break laws. These breaks are required for shifts that last four hours or more, as long as the shift is at least three and a half hours long, during the day. To be considered a legal rest break, it must meet requirements like:
  • The rest break is required to be paid
  • The rest break lasts at least 10 minutes
  • During the break, you have been relieved of all the duties of your job, meaning you are not required to leave the job site, and you do not need to have your phone with you
  • During your break, you retain the right to leave the job site if you so choose

Common Meal and Rest Break Violations Made by Employers

Unfortunately, in West Covina, your employer can violate your rights to meal and rest breaks in several ways. When this happens, you may be entitled to file a legal claim against your employer to recover compensation. Common meal and rest break violations include:

• Not providing workers with timely breaks. Both meal and rest breaks are provided with the required timeframes. When an employer does not allow their employee to take the adequate and required amount of time for their break, this is a direct violation of the law, and your employer should be held accountable.
• Failing to pay for rest breaks. If you are considered a commission-only salesperson at your place of work, you are likely entitled to separate pay for your rest breaks. Because this is a relatively new development under state law, employers may be unaware of this right.
• Not having enough employees. This can take place when a jobsite does not have enough employees on staff to allow for meal and rest breaks.

FAQs

Q: In What Industries Are Rest and Meal Breaks Most Common?

A: There are certain industries in the state of California where meal and rest breaks apply to all workers. These industries include manufacturing, professional drivers, such as truck drivers, group-home caregivers, healthcare, which employs roughly 1.8 million people in California, the motion-picture industry, and construction, which accounts for 6.1% of private sector employment.

Q: How Do I Protect My Rights to Meal and Rest Breaks?

A: To protect your rights to meal and rest breaks in California, you need to hire an employment lawyer. Your attorney can review the exact violation you have suffered and determine the right legal course of action to take to remedy the situation. It is wise for you to keep detailed records of all break violations and the hours you have worked.

Q: Can I Waive My Right to a Rest Break in California?

A: Yes, in California, you can legally waive your right to meal breaks in certain cases. However, there is no similar provision regarding the rest breaks to which employees are entitled. Your employer is required to provide you with these breaks, and when they do not, they are in direct violation of the law. You may choose to work through a rest break, but your employer cannot require you to do so.

Q: What Compensation Can I Recover for a Meal and Rest Break Violation?

A: For a meal and rest break violation in California, there are several forms of compensation you may be able to recover, depending on the nature of your violation and the circumstances surrounding it. The most common forms of compensation in these cases include back pay for time worked during your break, damages for pain and suffering, and possible punitive damages.

Hire a Meal & Rest Break Lawyer in West Covina Today

When your employer violates your rights, GUZMÁN & TOKAR LLP stands in the gap to protect you. When you hire a meal & rest break lawyer from our firm, we are here to secure you the compensation and justice you deserve. Contact our offices today to schedule your initial consultation.