Meal and Rest Breaks Attorneys in Los Angeles
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Employees need to be provided with rest and meal breaks and these short time off from work are necessary for the health and happiness of all workers. California Labor Law on meal and rest breaks provide for the minimum minutes and hours of meal and rest breaks that you should be provided during the day depending on duration of the work. For meal period, you must be given at least one thirty minute meal period prior to completing five hours of work. Hence, if you are not allowed to take your meal after the five hour work schedule then your rights to meal and rest breaks have been violated by your employer. Aside from this, you must also receive a ten minute rest period for every four hours of work. If your employer asks you to work straight for four hours or more without giving you your ten minute rest break, then your employer is liable for violating California labor law on meal and rest breaks.
Clearly, every employee should know that you have a right to a 30 minute uninterrupted meal break for every 5 hours worked. This means that for that 30 minutes, you should be able to leave the work place and enjoy your 30 minute meal break without any work responsibility and without restriction so long as you'll be able to go back to work after the 30 minute meal period has lapsed. If you are forced to take your meal periods in your workstation or asked to oversee office concerns while taking your meal breaks, this is violative of your right to an uninterrupted meal break.
In order to claim compensation and additional reparation for damages for your employer's violation of meal and rest breaks, you should seek legal counsel from expert Meal and Rest Breaks lawyers in Los Angeles right away. Not all employment and labor law lawyers are adept at handling specific labor law controversies and other employee rights in the workplace. MELG Law Firm has already obtained millions in awards for all employee victims of employment and labor law controversies to include violation of rest breaks and meal periods of employees at work.
Call Us Now at (866) 500-4848 and we will make sure that you are not retaliated against at work while we provide you with the best award of damages you deserve.
What To Do in Case of Meal and Rest Breaks Violation in California?
California Labor Law on meal and rest breaks provide for the minimum standards of minutes and hours of meal and rest breaks that you should be provided during the work day.
- (a) For meal period, you must be given at least one 30 minute meal period prior to completing your 5 hours of work.
- (b) For rest period, you must also receive a 10 minute rest period for every 4 hours of work.
If you are not provided with your meal and rest breaks at work, you have a claim for labor law violation against your employer.
Can You Be Asked to Stay at the Office During Your Breaks?
Labor law provides that you have a right to 30 minute uninterrupted meal break for every 5 hours worked. This means that said 30 minutes, you should be able to leave the work place and enjoy your 30 minute meal break without any work responsibility.
So, if your employer gives you your break but asked you to stay at your station or at the reception in case any client walks in or any phone calls come in, then you are technically not on a break. In this case, you have a right to seek additional compensation and other damages against your employer for the violation of your California labor laws.
you can ask your employer for compensation for any damages that you may have suffered resulting from your employer’s violation of your rights. However, in the real world you know that this will be futile as your employer will just shrug your complaint off or even retaliate against you for filing a complaint against him. If you are serious in claiming the best compensation you deserve against your employer, you need to be represented by top meal and rest break lawyers to make sure that you can bargain in equal footing with your employer.
Due Process Requirements in Filing for Meal and Rest Break Claims
In order for your claim to prosper, you will need to make sure that you follow all the rules of procedure to support your claims.
- (a) Substantial Due Process – you need to show evidence that you have a meal and rest break claim against your employer by providing time logs of your time at the office to show that you don’t have time off or show memo requiring you to stay at your station during your breaks. Witness declarations by co-workers to support your claims are also vital to your case.
- (b) Procedural Due Process – you just cannot claim damages against your employer without going through the proper channels, i.e., filing a complaint with your Human Resources department and/or sending a demand for explanation or for regularization of your meal and rest breaks.
As you know it is never easy to file any type of claim especially against your own employer. In some cases, employees are even demoted or fired for going after their employers. In order to prevent this, seek help only from the best law firms like MELG Law Firm to make sure that your employment is protected while your claims are aggressively pursued to your benefit.