Do Missed Meal and Rest Breaks Translate to Payable Wages in California?
At the Leichter Law Firm, APC, the California employment law attorney, Aryeh Leichter, knows all nonexempt California workers are entitled to both meal and rest breaks.
What most may not know is that not only are they entitled to meal and rest breaks, but the California Supreme Court also determined that premium payments must be made to employees for missed meal and rest breaks. Those wage payments must also be recorded for the purposes of pay statements and payment on termination requirements.
Here is what all non-exempt California employees need to know about their rights.
What are California Meal and Rest Break Requirements?
Under California law, most nonexempt workers are entitled to:
- A paid 10-minute rest period for every four hours worked.
- An uninterrupted 30-minute unpaid meal break when working more than five hours in a day.
- An additional 30-minute unpaid meal break when working more than 12 hours in a day.
The premium pay of an additional hour of pay is required by California law when an employer requires an employee to work during all or part of the required meal or rest breaks.
The California Supreme Court determined the premium pay compensates the employee for work performed during a meal break period in addition to compensating the employee for the unlawful deprivation of a guaranteed break.
This means the extra pay constitutes wages subject to the same timing and reporting rules as other types of compensation paid for work performed.
Contact the Leichter Law Firm, APC Meal and Rest Break Attorney in Los Angeles, California
If your California employer does not permit you to take a meal or rest break based on the hours worked and does not provide premium pay as compensation for those missed meals and breaks, you may be eligible to pursue a legal remedy for your damages.
Contact Aryeh Leichter, the Leichter Law Firm, APC founder and employment law attorney in Los Angeles County today to discuss the legal remedies that may be available for your unique workplace circumstances today, starting with a free consultation by calling 818-915-6624 or contacting the firm online.