Non Exempt Employees Missed Meal or Rest Breaks
One of the most widespread abuses of hourly wage or non exempt employees is the failure of employers to give them 30-minute meal break and 10-minute rest periods that they are entitled to. To count as a legal break, a lunch break or rest period must be completely duty free. For instance, if an employee is required to sit at his or her desk, to drive a truck, to man a cash register, or even to stay on the premises of his or her workplace, then the employee was not truly given a meal break.
Meal times required by law: Generally, no employer shall employ a non exempt employee for a work period of more than 5 hours without a duty-free meal period of not less than 30 minutes.
Rest times required by law: Generally, every employer shall authorize and permit all non exempt employees to take rest periods which insofar as practicable shall be in the middle of each work period. The rest period time shall be based on the total hours worked daily at the rate of 10 minutes net rest time per 4 hours or major fraction thereof.
Premium wages for missing meal times or rest times: Generally, if an employer fails to provide a non exempt employee a meal period or rest period in accordance with an applicable order of the Industrial Welfare Commission, the employer shall pay the employee one additional hour of pay at the employee's regular rate of compensation for each work day that the meal or rest period is not provided.
Schedule a free initial case evaluation with one of our employment law attorneys. Determine whether you are eligible to initiate or join a class action lawsuit.
Denials of Rightful Lunchtime on the Job?
If you believe that you have been exploited, taken advantage of or underpaid when you missed meal breaks or rest breaks at your workplace, contact the law offices of Westrup Klick, LLP. In most cases, it is the responsibility of an employer to devise a way for an employee to have the duty-free meal and rest periods that the law entitles them to.
Righting Wrongs for Working Californians
Westrup Klick, LLP, is in the practice of law with the aim of righting wrongs for ordinary working people. Each missed meal break or rest period may not be cause for a class action lawsuit, but the accumulation of many employees' missed meal or rest breaks over many months or years may constitute a practice or policy that violates labor and employment laws.
Through class action lawsuits, our law firm makes justice achievable for many workers who would not otherwise be able to hire an attorney. We have built up a record of success in our advocacy on behalf of employees who have been denied their legal rights such as being paid for missed meal and rest breaks. Learn about the class action lawsuit process and how your missed meal breaks and rest periods may mean that you have a strong case for compensation. Call or e-mail Westrup Klick, LLP, to schedule a consultation with an attorney if you believe that you may have a claim against your employer for violating employment laws.