Remedies For Unpaid Overtime, Meal And Rest Break Claims, And Other Wage And Hour Issues
In most lines of work, labor laws grant employees specific rights to periodic rest breaks and/or meal breaks during the workday. These laws also spell out when a meal or rest break should be paid or unpaid. In addition, they define the circumstances under which overtime pay is required. 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 workweek 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 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.
Common Violations Of Overtime Laws And Mandated Pay
If you believe that your work conditions are unfair with regard to rest breaks, meal breaks, overtime pay, or any other wage and hour issue, I can do a detailed review of the facts of your case. Typical wage and hour law violations include:
- Failure to pay at least minimum wage
- Failure to provide legally mandated breaks
- Requiring “off-the-clock” work
- Failure to pay employers for the time used to put on or take off work-related uniforms or equipment
- Failure to pay overtime pay rates as required by law
- Failure to pay for required workday travel time
By reviewing the relevant labor laws, I can determine whether you have grounds to bring a wage and hour claim against your employer.
Contact Shivayi Law Firm For Information And Advocacy
I am Nima Shivayi, an experienced Orange County employment law attorney, and I invite you to discuss your case with me. From offices in Irvine, I represent clients throughout Orange County, 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 949-237-7978, or email the firm to request a consultation.