Los Angeles Meal & Rest Break Violation Attorneys
Denied or Forced to Work Through Legally Mandated Breaks? We Can Help.
California law typically requires employers to provide non-exempt employees with a 30-minute, uninterrupted, and duty-free meal period for every five hours of work. Employers must also provide a ten-minute, uninterrupted and duty-free rest break when you work at least three-and-a-half hours a day, two rest breaks when you work more than six hours a day, and three rest breaks when you work over ten hours a day.
If your current or former employer failed to provide you with a legally mandated meal or rest break, or if they forced you to work during these periods, turn to JCL Law Firm, APC for results-driven advocacy. Our labor and employment attorneys understand how to effectively navigate wage and hour claims and have recovered millions of dollars in back pay and penalties for meal and rest period violations on behalf of employees throughout Los Angeles County and all of California. We can review your circumstances, walk you through your rights, and explain your legal options, including how we can help. Our firm has substantial experience assisting with class actions.
Put our relentless preparation and deep knowledge of evolving case law on your side. Our trial-ready team is prepared to aggressively enforce your rights, and our goal is to recover every dollar you are owed. You owe us no legal fees unless we help you recover compensation.
If you aren’t sure whether you have a case, we encourage you to call (619) 848-3368 or contact us online to schedule a free initial consultation with our Los Angeles meal and rest break violation lawyers. Se habla español.
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My Employer Says I Am an “Exempt” Employee. Am I Entitled to Meal or Rest Breaks?
Not all exempt employees are entitled to meal or rest breaks under the law. However, you are only legally considered an exempt employee if you meet very specific and strict legal criteria involving your salary level and the nature of your daily duties. No matter what your employer says, a job title or a salary alone does not automatically make you an exempt employee. We often find that many workers whom companies call exempt actually fail to meet these legal standards, meaning they remain entitled to the full protection of wage and hour laws, including uninterrupted breaks and overtime pay.
Employers frequently misclassify non-exempt employees as exempt to lower labor costs. By applying the exempt label, a company avoids paying overtime wages and the one-hour pay premium owed for every missed break. To achieve this, companies often bestow impressive-sounding titles like “manager” or “supervisor” upon employees who possess no real authority to hire, fire, or direct the work of others. If your daily tasks primarily involve the same types of work as the team you supposedly manage, or if your salary falls below the state minimum threshold for exemptions, your employer likely misclassified you. Our attorneys at JCL Law Firm, APC can fight to hold them accountable and recover the unpaid wages you are owed.
What If I Don’t Get a Meal or Rest Break?
Put simply, employers must pay non-exempt employees additional compensation if they do not give required meal breaks or interrupt them. Whenever an employer does not provide a meal break, or if the required meal period is interrupted, the employer owes the employee one more hour of pay at the employee’s regular rate of pay, which must be included in the next paycheck. If an employer fails to provide an employee with a required rest period or interrupts the rest period, then the employer must pay the employee for an extra hour at their regular rate, which the employer must include in the next paycheck.
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Building Cases That Hold Up
Millions Awarded. We Show Up Ready to Win.
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$7 Million Class Action Settlement
Class action settlement filed in Sacramento for non-exempt health care providers at California kidney care treatment centers.
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$6 Million Class Action Settlement
Settlement filed on behalf of restaurant service staff employed by national chain for missed meal and missed rest periods, unpaid service charges and miscalculated overtime.
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$4 Million Class Action Settlement
Settlement filed on behalf of grocery store employees employed by national grocery outlet for miscalculated shift premiums and off the clock work.
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$2.5 Million Class Action Settlement
Settlement filed in Napa County on behalf of California piece-rate laborers employed by a farm labor contractor.
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$2 Million Class Action Settlement
Settlement filed on behalf of non-exempt nonprofit employees employed in California for missed meal and rest periods and off the clock work.
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$2 Million Class Action Settlement
Filed in Los Angeles on behalf of California based behavior health therapists for off the clock work.
When Should My Meal Break Happen?
Your employer should let you have a legally mandated meal break by the end of the fifth hour of your workday if you are working more than five hours that day. If you are working more than ten hours in a given day, you are entitled to a second meal break. That break should happen no later than the beginning of your 11th hour of work.When Should I Get My Rest Break?
Rest breaks should be permitted approximately in the middle of your work period, to the extent possible. If you are working an approximately eight-hour shift, one of your two legally mandated rest breaks should occur before your meal period. The other rest break should occur after the meal period.
Should I Be Paid for My Meal Breaks?
If you are not expected to conduct any work duties during your meal break, you are considered “off duty” and do not have to be paid for that time. However, if you are not relieved of all work duties during your meal break, you have taken an “on-duty” meal period under the law. On-duty meal periods generally count as hours worked, and you should be paid your regular rate of pay for those periods.
Should I Get Paid for My Rest Breaks?
Yes. Employers must treat rest periods as hours worked and must pay employees for their time during all rest breaks.
Can I Legally Waive My Meal Break?
You can voluntarily waive your legally mandated meal period under certain conditions. For example, if you work six hours or less in a given workday, your meal break can be waived if you and your employer both give consent.
For employees who work more than ten hours per day, a second meal break of 30 minutes or more is required by law. This second meal break can only be waived by mutual consent of you and your employer if you did not waive your first meal period. If you work more than 12 hours in a given day, the second meal break cannot be waived.
Can I Legally Waive My Rest Period?
Yes, you can voluntarily choose to waive your rest period. However, your employer cannot force or pressure you to skip them.
Depending on your occupation, the laws surrounding whether you are entitled to meal or rest breaks can be extremely complex. Call (619) 848-3368 or contact us online to schedule a complimentary case evaluation and learn more about your rights.
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