Orange County Employment Lawyers

Meal and Rest Breaks

Despite what most people think, employers are not required by any federal law to provide meal or rest breaks. When employees do take short rest breaks, however, which last from 5 to 20 minutes, federal law requires that employers compensate employees. Moreover, there is a difference between a meal period and a rest period. Where federal law ends, state laws begin. While federal law has limitedly legislated on break and meal periods, states have enacted their own, more specific laws.

In California, the law requires that if an employee works for over five hours then she is allowed a meal period of at least 30 minutes. If the work period is not more than six hours in a day, however, the meal break can be waived by the consent of both employee and employer. Importantly, however, California law is strict about when meals break can be waived, allowing some situations but not others, depending on the nature of the work.

Despite the strict regulations, however, employers often cheat employees. They may make an employee take the meal break at the beginning or end of a shift. Moreover, if an employee does not get a meal break, then the employee is required by law to provide one hour of compensation per violation of meal break per day.

Speak with an Orange County Employment Lawyer Today

If you have not been given proper meal or rest break compensation, or feel that you have been cheated in some other way, contact the Orange County employment lawyers of Perry Smith by calling 888-356-2529.