Remedies For Unpaid Overtime, Meal And Rest Break Claims, And Other Wage And Hour Issues

In most lines of work, employees should have rest breaks and/or meal breaks during the day. Labor laws explain employees' specific rights to periodic breaks during a workday.

Specifically, these laws spell out when a meal or rest break should be paid or unpaid. Laws also spell out when overtime pay is required. A detailed review of the facts of your case and the relevant labor laws may indicate whether you have a valid reason to bring a wage and hour claim against your employer.

As summarized by the California Labor Commissioner, employment in California should include breaks as follows:

  • A 30-minute meal break after five hours of work (unless the workday will be completed in six hours or less and an employee agrees to waive the meal break)
  • Two meal breaks per day when a work period lasts more than 10 hours unless the employee agrees to waive the second one
  • A 10-minute rest break for every four hours of work (or major fraction thereof)

The eight-hour workday and the 40-hour work week are typically considered regular time; that is, employees earn only their regular rate of pay during those hours. Work beyond these parameters is considered overtime and should be paid at least at one and a half times an employee's normal rate of pay. For more details, consult with an employment law attorney who can evaluate your working conditions in light of the specific overtime laws in California.

What Options Do You Have If Your Employer Violates Overtime Laws Or Denies Breaks?

If you sense that your work conditions are unfair with regard to rest breaks, meal breaks, overtime pay or any other wage and hour issue, a consultation with a lawyer is a smart move. You deserve to know your rights. You should also understand what legal actions you can take if unjust working conditions or unpaid wages are a daily reality in your work environment.

Contact Shivayi Law Firm For Information And Advocacy

I am Nima Shivayi, an experienced Southern California employment law attorney and I invite you to discuss your case with me. From offices in Pasadena, I represent clients throughout the Los Angeles metro area and beyond. I welcome the opportunity to learn about your problem of unpaid overtime or a lack of meal and rest breaks on the job. Call 626-432-5432 or email the firm to request a consultation.