San Diego Missed Rest Break Lawyer
Missed rest breaks or interrupted rest breaks continue to be a problem for San Diego employees. Many times employers have clear policies claiming that employees are to take their required rest breaks, but in practice they force employees to work through breaks or interrupt breaks so that the breaks are not compliant with California law. In some instances employers require employees to check off that they have taken rest breaks, even when the employer knows that the breaks were not taken.
What are the requirements for rest breaks in California?
California Labor Code Section 226.7 and the California Industrial Welfare Commission Wage Orders require an employer to provide a paid rest period of ten minutes during which the employee is relieved of all duties for each four hours of work performed by the employee. This requirement applies to non-exempt employees. Generally speaking, a non-exempt employee is anyone who is not a professional, executive or administrator.
What is the penalty if my San Diego employer does not provide a rest break?
An employer is required to pay an employee one hour of pay at the employee’s regular rate of compensation for each workday that a rest period is missed, interrupted, or cut short.
What should I do if my San Diego employer has not provided rest breaks?
Our office offers free consultations to any California employee who believes they are not being provided compliant rest breaks. We will take the time to run through all of the facts of your case to see if you possibly have a case against your employer for failure to provide rest breaks.
Contact a San Diego Missed Rest Break Lawyer from Humphrey & Rist to set up your consultation to see how we can help you. Our office has helped thousands of employees who were not provided with compliant rest breaks throughout California.
Call us at (619) 488-6400.