California law requires that employers provide their non-exempt employees with a 30-minute, uninterrupted meal period for every 5-hour work period. An “uninterrupted meal period” means that you are not on-call, you do not have to carry and respond to a walkie-talkie, you do not have to take phone calls, and you do not have to respond to work emails. Simply put, it means you are free to spend that time as you wish. If you are not provided with an uninterrupted 30-minute meal period, your employer must pay you an additional hour’s wages for each violation.

The law also requires that employers provide their non-exempt employees with a rest break for every 4-hours of work or major fraction thereof, which means you should get a rest break after no more than 3.5 hours. For shifts of between 6 and 10-hours, employers are required to provide at least two 10-minute rest breaks. If you are not provided with an uninterrupted 10-minute rest period for up to 4-hours of work, or two 10-minute rest breaks for shifts of between 6 and 10-hours, your employer must pay you an additional hour’s wages for each violation.

If each violation applies to an entire group or class of employees, over a substantial period of time, then a class action may be appropriate. We are here to help you understand your meal and rest break rights in your workplace, and make sure that employers provide you what is required by law.

Rudy, Exelrod, Zieff & Lowe attorneys have extensive expertise and experience representing workers who have been denied their legally required meal or rest breaks. We pioneered the use of class action lawsuits to enforce meal and rest break laws against employers, recovering millions of dollars in missed meal and rest break compensation, including an $8.5 million recovery for technical workers at a large financial institution, and a $2.4 million recovery for product demonstrators.

If you have been denied meal or rest breaks by your employer, or you have questions about meal and rest break laws, please contact one of our attorneys.