California Rest Periods Violations Attorneys
California’s labor laws for breaks are mandated under the Industrial Welfare Commission Wage Orders. Nonexempt workers must be permitted to take certain rest breaks after a certain number of hours are worked. There are certain well-defined exceptions to these labor lunch laws.
If you have questions about your workers rights or suspect your employer is violating your rights, call the labor lawyers at The Law Offices of Alex G. Tovarian.
California Rest Periods
Workers rights are clear: non-exempt workers, which includes most hourly workers, must be given a 10-minute rest break for every 3 and one-half hours worked.
The employee must have an uninterrupted time of rest and be paid for the time at rest. If the employee is interrupted during the rest time or is forced to work with no rest period, the employer must pay additional compensation.
Violations of the Rest Period Laws and Labor Lunch Laws
Violations of California’ s labor laws for breaks are not uncommon. For every rest period that has been interrupted or not provided, the employer must pay one hour of compensation at the worker’s regular pay rate. If no rest breaks are given, this could mean 10 hours of additional compensation per week for the employee who works a full-time, 40 hour per week job.
No employer can force you to give up your rest periods by stating that you have unfinished work or that you may be missing a deadline. Some employers may also try to categorize you as an exempt employee to deny you any rest or meal breaks. If you suspect that you have been misclassified, contact our lawyers for a free consultation on your employee rights.
Filing a Rest Period Violations Claim
You have a choice on making a claim against your employer for a rest period violation. One option is to file a claim with the California Division of Labor Standards Enforcement, or labor board. The other is to hire a rest period violations lawyer, such as an employment lawyer from The Law Offices of Alex G. Tovarian.
You have 3 years to file a claim for a rest period violation, but it is important that you promptly contact us to discuss your claim so that all applicable records may be obtained and witnesses interviewed. Our attorneys are sensitive to the needs and concerns of working people and will give your case our fullest attention and consideration.
Call The Law Offices of Alex G. Tovarian today for a confidential, free, no-obligation consultation. We have the necessary experience and the resources to properly handle a rest periods violations case.