Meal Breaks In The Workplace
If employees are working more than five hours in a shift, the meal break law says that they must receive at least a thirty minute meal break. An exception to this law is if the employee’s shift is only six hours long, then no meal break is required if both the employee and the employer agree to waive the meal break period. During this thirty minute meal break period, an employee must be relieved of all duties for the meal break to be considered unpaid. If the employee is not relieved of all duties, then he or she must remain on the clock for the meal break period. In other words, they must be paid for the meal break.
The law is very strict about employees getting meal breaks during their shifts. Sometimes an employer will make an employee take their meal break at the beginning or the very end of their shift. This is against the law and as an employee you do not have to do this. If your employer insists, you may want to consider contacting a California labor law attorney for advice on what to do. An attorney can explain to you exactly what the laws are and, if your employee rights are being violated, he or she can help you prepare a case against your employer to seek the appropriate relief and or compensation you deserve.
Certain jobs or circumstances make having meal breaks difficult or not possible. In those instances, a written agreement waiving the meal break period is acceptable by law. On the upside, if your employer doesn’t give you a meal break, you are entitled to one hour extra pay for the missed meal break period. This applies to every day that your employer fails to provide you with a meal break legislation period. If your employer refuses to pay the extra hours pay for missed meal breaks, you can file a wage claim in order to get your compensation. This is another area where a California labor law attorney would be extremely helpful. You can file a wage claim for compensation up to 3 years after the fact, so even if you don’t work for the same employer now, you can still get the compensation you deserve.
An interesting fact concerning meal breaks and California meal break law is that if your employer requires you to stay on the premises during your meal break period, it must be a paid meal break. Your employer must also provide an area where hot food and drinks may be obtained or prepared. A suitably sheltered area where food and drink can be consumed must also be provided. Should you have any concerns or questions regarding meal breaks, meal break periods or anything else to do with your employment, contact a California labor law attorney today to get the answers you need.
Jeff Holmes, Esq. is a member of the California Bar, and he is licensed to provide legal services throughout the State of California, including Southern California communities (including Los Angeles, Beverly Hills, Sherman Oaks, Encino, Van Nuys, Thousand Oaks, Westlake Village, Woodland Hills, Santa Monica, Long Beach, Torrance, Redondo Beach, Hermosa Beach, Irvine, Lancaster, Long Beach, Malibu, Oceanside, Palmdale, Paso Robles, Santa Clarita, Manhattan Beach, Lawndale, Hawthorne, Gardena, Carson, El Segundo, Inglewood, San Pedro, Lomita, Westlake Village, Woodland Hills, San Luis Obispo, Santa Maria, Santa Barbara, Riverside, Palm Springs, Bakersfield, San Bernardino, Fresno, Madera, Visalia, Tulare, and San Diego); and throughout San Fernando Valley, Los Angeles County, Orange County, San Bernardino County, Ventura County, Santa Barbara County, Kern County, Riverside County, San Diego County, San Francisco County, Alameda County, Sacramento County, Humboldt County, Tulare County, Inyo County, Fresno County, Mono County, Tuolumne County, San Luis Obispo County, Monterey County, Imperial County, Mendocino County, Inyo County, Shasta County, Sonoma County, and Contra Costa County.This website is an advertisement, created and maintained by Jeff Holmes, Esq. All rights reserved.2010
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