Missed Meal Break Lawyer
Generally speaking, California Labor Code Section 512 requires an employer to provide an uninterrupted meal period of not less than 30 minutes to employees. However, if an employee is working no more than six hours, the meal period can be waived by mutual consent of both the employer and the employee.
This code section additionally requires a second uninterrupted meal period of not less than 30 minutes if an employee works more than 10 hours in a single day. This second meal period can also be waived by mutual consent of the employer and the employee, so long as the first meal period was not waived.
What do I do if my employer is not providing me with meal breaks?
If you are a California employee these meal periods must be provided, subject to certain exceptions. The easiest way to see if your employer should provide meal breaks is to reach out to an experienced California employment lawyer to discuss your case. Our attorneys have handled hundreds of employment law cases, many of which involved missed meal breaks. We always offer free consultations so that you can discuss your case and get answers to whether you should be provided with a meal break.
What if my meal breaks are being interrupted?
The California Labor Code is clear that the meal periods have to be “uninterrupted.” This means that the employee has to be relieved of all duty during this time period. If you are having to do any work, including responding to phone calls or text messages, while you are taking your meal break, then the break is not “uninterrupted” and a penalty would be owed to an employee.
What are the penalties if I am not provided with a meal break in California?
If an employer fails to provide meal breaks to an employee who is entitled to the break, the penalty is one hour of pay per day at the employee’s regular rate of compensation for each day that the break was missed or interrupted.
Does my meal period have to be paid?
No. Your employer is not required to pay you during the thirty minute meal period.
Call a San Diego Missed Meal Break Lawyer to get help with your case today
To get more information or to have a free consultation, call us at (805) 618-2924. We are happy to discuss all of the facts with you and provide our opinion as to whether your employer is not providing you with adequate meal breaks. We typically can provide a consultation over the phone right when you call or later the same day.