Employment Lawyers Fighting Back Against Rest Period Violations
California law provides a 10-minute paid break or rest period to all nonexempt employees for every four hours worked. In certain types of jobs, many workers may view these breaks as just pleasant downtime. In others, however – especially physically demanding jobs where workers are always on their feet – these breaks are critical. In either case, employers are required to provide them.
Unfortunately, many employers either fail to let their workers take these paid breaks or impose unreasonable restrictions on how workers can and cannot use the time. If you believe your employer has violated California’s rest period laws, contact our experienced attorneys at Moon Law Group, PC. We can explain your rights and legal options, and help you pursue all appropriate legal remedies – including financial compensation.
California’s Rest Period Law Basics
According to Industrial Welfare Commission (IWC) Wage Orders, nonexempt employees must be given a paid 10-minute break for every four hours that they work. Whenever practically possible, this break should be in the middle of that four-hour period.
Here are other important things to know about paid breaks:
- Employers cannot require workers to be “on call” or in communication (through phone, radio, etc.) during the break period.
- Employers cannot limit where workers go so long as they return by the end of the break.
- Workers can choose to use the bathroom during this time, but employers may not require workers to save trips to the bathroom for breaks. Additionally, trips to the bathroom during normal work hours do not count as a break period.
- Employees cannot use their paid breaks to arrive late to work or leave early from work.
- Employees do not receive extra time or additional breaks if they are a smoker and need to leave the building to smoke.
If an employer fails to provide a paid rest period, they owe the employee the equivalent of one hour of regular pay per day that the break isn’t provided.
Lactation Accommodations For Employees With Infants
All employers in California must provide time and an appropriate space in which an employee with a young infant can express breast milk, when needed. The breaks do not need to be paid unless they coincide with the worker’s regular 10-minute break periods. Employers who fail to provide lactation breaks can face fines in addition to owing the worker an hour of pay for each violation.
Discuss Your Case With A Lawyer For Free.
Pushing back against your employer’s wrongful practices can feel scary and may lead to retaliation. Our attorneys will be by your side throughout the duration of your case, ensuring that your rights are protected and that you receive the compensation you are entitled to. They are highly knowledgeable about California’s wage and hour laws and have a strong track record of success on behalf of clients.
If you believe your employer has violated the law or your workplace rights, contact Moon Law Group, PC in Los Angeles to discuss your concerns during a free initial consultation. We serve clients in San Bernardino County, Riverside County and statewide. To get started, call us at 213-320-0519 or submit an online contact form.