Are you an employee working long hours with no meal breaks or rest periods? Does your employer make you and your co-workers work through your meal breaks? Or does your employer claim you are exempt from meal breaks and rest periods?
You and your co-workers deserve to take your full meal breaks and rest periods. Call our office or fill out the contact form for a free consultation with one of our experienced labor and employment law attorneys.
Meal Breaks and Rest Periods FAQ:
Q: My employer makes me work through my lunch, and then deducts a half hour from my time sheets each day for lunch. Is this allowed?
A: In most cases, if you are a non-exempt employee, no. First, an “on duty” meal period is permitted only when the nature of the work prevents you from being relieved of all duty and when by written agreement a paid meal period is agreed to. Second, you deserve to be compensated for all time worked. However, each case is different and should be evaluated. Call our office to schedule your free consultation with one of our experienced labor and employment attorneys.
Q: I am a non-exempt employee, but I do not usually take a lunch break. Does my employer owe me money?
A: You should be fairly compensated for all time worked. However, under current California law, employers do not have to ensure that employees take their meal breaks and rest periods. In other words, if you are provided with a proper lunch break but choose not to take it, your employer does not owe you any penalties – only your wages. However, many employers have disciplinary policies if you work through your scheduled lunch break. Again, since each case is different, call our office or fill out the contact form online to schedule your free consultation.
“Disclaimer: The above is presented for informational purposes only, and should not be construed as legal advice. Every case has its own set of facts and needs to be evaluated individually. NSL Law Firm cannot guarantee the outcome of any case or claim. In order to receive professional legal advice, you must contact an attorney.”