Los Angeles Meal & Rest Break Violation Lawyer

If your employer has violated your meal or rest break rights, you do not have to face the situation alone. Our experienced Los Angeles meal and rest break violation lawyers are here to help you recover unpaid wages and hold your employer accountable. Call our Los Angeles employment law attorneys at (949) 379-6250 or message us online for a free consultation. 

Why Choose Aegis Law Firm?

At Aegis Law Firm, we are dedicated to protecting employees’ rights and holding employers accountable for labor law violations. Here is what sets us apart:

• We have successfully handled numerous meal and rest break violation cases for employees in Los Angeles.
• Our team has recovered significant compensation for clients, ensuring they receive the justice they deserve.
• We take the time to understand your unique situation and tailor our legal strategies to achieve the best possible outcome.
• We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

Meal & Rest Breaks Under California Law

California’s meal and rest break laws are governed by the California Labor Code and Industrial Welfare Commission (IWC) Wage Orders. These laws outline specific requirements for employers to provide employees with uninterrupted meal and rest breaks during their workday.

Meal Breaks

Under California Labor Code Section 512, the following rules apply to meal breaks:

• First Meal Break:
  • Employees working more than five hours in a day must be provided with a 30-minute unpaid meal break.
  • This break must occur no later than the end of the employee’s fifth hour of work.
  • Employees can waive this break if their total workday is six hours or less.
• Second Meal Break:
  • Employees working more than 10 hours in a day must be provided with a second 30-minute unpaid meal break.
  • This break must occur no later than the end of the 10th hour of work.
  • Employees can waive the second meal break if their total workday is 12 hours or less and they did not waive the first meal break.

Meal breaks must be completely free of work obligations. Employers cannot require employees to stay on call or perform tasks during this time.

Rest Breaks

Rest break requirements are outlined in the IWC Wage Orders:

• Duration and Timing:
  • Employees are entitled to a 10-minute paid rest break for every four hours worked or a major fraction thereof.
  • For shifts of 3.5 to 6 hours, one 10-minute break is required.
  • For shifts of 6 to 10 hours, two 10-minute breaks are required.
  • For shifts of 10 to 14 hours, three 10-minute breaks are required.

Rest breaks must be uninterrupted, and employees must be relieved of all duties during this time. These breaks must be paid as part of the employee’s regular work hours.

Common Meal and Rest Break Violations in Los Angeles

Despite clear laws, meal and rest break violations are common in Los Angeles. Frequent violations include:

• Missed Breaks: Employers fail to provide the required meal or rest breaks during shifts.
• Interrupted Breaks: Employees are required to remain on call or perform tasks during their breaks.
• Late Breaks: Meal breaks are delayed beyond the legally mandated time frame, such as being provided after the sixth hour of work.
• Pressure to Waive Breaks: Employers improperly pressure employees to waive their meal breaks without mutual agreement or legal justification.
• Improper Compensation: Employers fail to pay the required premium pay for missed or non-compliant breaks.
• Failure to Provide Suitable Rest Areas: Employees are not provided with a suitable location to take their rest breaks, forcing them to stay in workspaces or other inappropriate areas.

If you believe you are owed unpaid overtime wages from a missed or non-compliant break, you need an experienced Los Angeles Overtime Lawyer on your side.

What Are You Owed If You Are Prevented From Taking Breaks in Los Angeles?

If an employer fails to provide a legally required meal or rest break, you are entitled to premium pay under California Labor Code Section 226.7. Here’s what you are owed:

One Additional Hour of Pay Per Violation

• For each missed meal break, you are entitled to one additional hour of pay at your regular hourly rate.
• For each missed rest break, you are also entitled to one additional hour of pay.
• If both a meal and a rest break are missed in a single workday, you are owed two hours of premium pay.

Additional Damages and Remedies

In addition to premium pay, employees may be entitled to other remedies if their employer violates meal and rest break laws, such as:

• Interest on Unpaid Wages: Employers may owe interest on unpaid premium pay if they fail to compensate employees promptly.
• Penalties for Recordkeeping Violations: California law requires employers to maintain accurate records of hours worked and breaks taken. If an employer fails to do so, they may face penalties.
• Statutory Damages: Employees can pursue damages under the Private Attorneys General Act (PAGA) for systemic violations affecting multiple employees.
• Attorney’s Fees and Costs: If you file a claim or lawsuit and prevail, your employer may be required to pay your attorney’s fees and court costs.

Steps Los Angeles Employees Can Take if Their Rights Are Violated

If you believe your employer has violated your meal or rest break rights, you can take several steps to protect yourself:

Document Violations

Keep a personal record of your work hours, breaks, and any instances where breaks were missed, interrupted, or improperly scheduled.

Review Your Pay Stubs

Ensure your pay stubs reflect premium pay for any missed breaks. California law requires detailed wage statements showing all hours worked and wages earned.

Report the Issue Internally

Notify your employer or HR department of the issue. Some violations may be unintentional and can be resolved informally.

File a Wage Claim

You can file a wage claim with the California Labor Commissioner’s Office to seek unpaid premium pay and other damages.

Consult an Orange County Employment Attorney

An experienced Los Angeles meal & rest break violation lawyer can evaluate your case, help you file a claim, and represent you in negotiations or court if necessary

How Can Our Lost Angeles Meal & Rest Break Violation Attorney Help?

If you believe your employer has violated your meal or rest break rights, an experienced employment attorney can help in several ways:

Evaluate Your Case

A lawyer will review your work schedule, pay stubs, and other relevant documentation to determine if violations have occurred.

File a Wage Claim

Your attorney can help you file a claim with the California Labor Commissioner’s Office to recover unpaid wages, penalties, and damages.

Negotiate Settlements

In many cases, attorneys can negotiate with employers to reach a settlement without going to court, saving time and resources.

Represent You in Court

If necessary, your lawyer will represent you in court or arbitration to secure fair compensation for violations.

Address Systemic Violations

If multiple employees are affected by the same violations, your attorney can pursue a class action or Private Attorneys General Act (PAGA) claim on behalf of all impacted workers.

Contact Us Today 

At Aegis Law firm, we are committed to advocating for workers’ rights and holding employers accountable. Arrange a free consultation today so we may discuss your case, by calling our meal and rest break violations attorneys in Los Angeles at (949) 379-6250 or sending us a message online.