Los Angeles Rest & Meal Breaks Lawyer
Denying employees rest and meal breaks is illegal in Los Angeles and California at large. If you think you are a victim you may need a Rest and Meal Break lawyer. With over $50,000,000 in settlements won for our clients we’ve got your back.
While there are some important exceptions, In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes.
While calculating the necessary amount of time to spend on rest and meal breaks in the workplace can be complicated, it is necessary for the employer and the employee to be aware of the various restrictions and requirements that California puts in place.
At the Law Offices of Jake D. Finkel, we handle a multitude of different types of rest and meal break cases. Some examples include:
- Longer Shifts and Sleep Breaks
- Insufficient meal breaks
- Discouraging or impeding employees from taking meals
- Incentivising of a company culture that rewards skipping meal breaks
If you suspect your employer is violating your rest and meal breaks we can help you.
What can I expect in a consultation? Who will be held accountable for your rest and meal break case in Los Angeles California?
First and foremost, we’ll help you feel relaxed! The aim of our free consultation and strategy session is to get to know you and understand your needs. Once we get started, we’ll ask you questions about your rest and meal break case to determine the possible extent of your compensation, review any documentation you bring along (photos, contracts, etc…) and discuss your goals so that we can understand what you want to get out of your claim.
Once we have the big picture, and as many details, as you can give us, we can make an honest assessment of your claim and determine the best way for us to help you move forward with your rest and meal break case.
Rest assured we’ll be in contact with you every step of the way.
Call (213) 787-7411 now for a free consultation and strategy session
We understand how important rest & meal breaks are and take every rest & meal break case very seriously.
Here is what you can expect from our free employment consultation and strategy session:
- Ask you questions about your accident and injuries to determine the possible extent of your claim.
- We provide you with details on your case, if you have one, and what your next steps are…
- We work with you to collect and garner evidence for your case and advise you on what to do.
- And more!
Jake D. Finkel is a highly respected attorney in Los Angeles with a reputation for going above and beyond for his clients. At the outset of every case Jake takes on, he makes it a point to meet with his clients not only to learn about their case but for them to learn about him.
Jake believes a sincere and caring approach goes a long way in bringing you more than just the settlement you deserve but the support you need along the way.
Call (213) 787-7411 to schedule your free consultation and strategy session. We represent clients in Los Angeles, Orange County, San Diego, and all other parts of Southern California.
Here’s what you need to know about wage & overtime laws in Los Angeles.
Meal Breaks & Rest Breaks
Although many employees don’t realize this, you have rights when it comes to meal breaks and rest breaks.
The Fair Labor Standards Act
Federal law governing rest and meal breaks can be found in the Fair Labor Standards Act (FLSA). Strangely, the FLSA does not actually require these breaks to be offered in the first place. However, most employers offer them anyway, and, when they do, this triggers certain FLSA rules and requirements.
You may not extend your break or meal times without employer authorization. And while there’s nothing in the law that prevents you from taking a shorter break, many employers prohibit this because it can create an appearance that they are not offering full-length breaks.
Short Rest Breaks
A rest of 5 to 20 minutes qualifies as a “short break” and must be counted as paid time. This also counts toward your hour counts when it comes to overtime and paid time off.
You can use short breaks to conduct personal business like using your phone, getting a soda, or having a smoke. Many employers provide a break room where employees can be physically separated from their working space.
The FLSA rules for meal breaks are complicated, but the main takeaway is that these breaks are typically 20 minutes to an hour, and you do not get paid for this time, nor does it count toward overtime or paid time off.
During this break, you must be “completely relieved of duty,” or else it doesn’t count as a meal break and must be treated as paid time. This means that, no matter what happens, you have a right to take that time off.
Longer Shifts and Sleep Breaks
For extremely long shifts, additional FLSA rules apply.
If you work a long shift under 24 hours, you and your employer may agree that you will have sleep breaks, during which time you will be on-call. These breaks must be paid and must be at least five hours.
For a shift of 24 hours or longer, all of your sleep must be paid. Your meal breaks must also be paid.
Many states have their own laws that expand employee rights when it comes to meal and rest breaks.
In California, the law is fairly complicated in its provisions and exceptions, but the short version is that, in most cases, you have the right to a 10-minute paid rest break for each 4 hours you work, and these breaks must be spaced apart rather than clumped together (unless you and the employer agree in writing to something else). You also have a right to an unpaid meal break of at least 30 minutes every five hours. During both types of breaks, you have the right to leave the premises. These breaks must also be uninterrupted.
Contact Law Offices of Jake D. Finkel to Discuss Your Situation
If you have a situation at work where you’re not being provided break times or aren’t being paid for break times that should be paid, you need to speak to a qualified employment law attorney. Call the Law Offices of Jake D. Finkel for a free case consultation.