Sue for Unpaid Meal and Rest Breaks
The site of my meeting on Oak Street, in Bakersfield, with multiple plaintiffs today who worked in a boiler room and were denied meal and rest breaks.
Nonexempt California employees are entitled to one 10 minute **rest break**, generally before their meal break, and one after their meal break. The rest breaks should be **uninterrupted**. The employee should be able to leave the employer's premises. Employees must be free of any work responsibility during their rest breaks. They should not be required to answer their cell phone, or a paging device.
Employees can chose to take rest break at their desk, or in their vehicle. If the employee relieves themselves from work for 10 minutes that counts as a rest break. Rest breaks do not have to be taken in a break room, or off premises if the employee does not want to. Employees do not have to clock out for rest breaks. If you have questions about whether you can sue for a rest break, please call our office at (661) 412-9600.
WORK LAWYERS FOR LUNCH BREAK VIOLATIONS
Nonexempt California employees are entitled to a **30 minute uninterrupted meal break** before their 5th hour of work. Nonexempt employees who work less than 6 hours per shift can waive their meal breaks. The penalties for preventing an employee from taking a full uninterrupted meal break before their 5th hour of work includes either one hour of pay at regular wages, or minimum wage. The fact an employee worked through a meal break may cause their total hours worked per day to go over 8 thereby causing overtime.
Not allowing employees to take meal breaks can also lead to a $100 penalty per pay period this occurs. If the employee is no longer employed, and they have not been paid for missed meal breaks the employee is owed 1 day of pay up to 30 days. With all civil penalties there is a possibility an arbitrator or court will find the circumstances do not warrant the full civil penalty, or any civil penalty.
The Employment Lawyers Group has recovered millions of dollars for California employees denied meal and rest breaks. We have represented single individuals, multiple individuals suing as a group, class actions, and PAGA actions due to meal break violations. We have also tried cases in court and in binding arbitration involving meal and rest breaks. There are specific methods of proving meal and rest break cases, and pitfalls we are aware of. We can provide an honest assessment whether it is worth bringing a case for meal and rest break violations.
START THE ROAD TOWARDS RECOVERING PAY FOR MEAL AND REST BREAKS CALL OUR EXPERIENCED WAGE & HOUR LAWYERS AT (661) 412-9600
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All employment cases for employees are taken on a contingency basis. We are only paid a fee when and if we win your case, and we advance all litigation costs. Our goal is to make expert legal representation accessible to every hardworking employee.
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We have proudly served all of Bakersfield County since 1993.
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Sample Case Results
Employment Case
$18,402,868
Jury verdict for male visually harassed and subject to crude comments by a female manager
breach of commission contract
$1,150,000
Unpaid commissions of two plaintiffs
unpaid wages
$875,000
For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call
Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case.
Practice Areas
Discrimination
Age, Disability, Family Medical Leave (FMLA/CFRA), Gender, National Origin, Pregnancy, Race, and Sexual Orientation claims.
Unpaid Wages & Overtime
Recovering earnings for Overtime, Bonuses, Commissions, Meal & Rest Breaks, and Prevailing Wage violations.
Sexual Harassment
Compassionate and effective representation for victims of sexual harassment and hostile work environment claims.
Wrongful Termination
Representing employees terminated in violation of public policy, contracts, or California and Federal law.
Leaves & Retaliation
Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.
Whistleblowers
Advocating for employees who report fraud, waste, or abuse in their organizations under whistleblower protections.
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Bakersfield CA 93309
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Additional Sites
BostonLaborLaw.com
DcLaborAttorney.com
FresnoEmployeeLawyer.com
JobLawyer.net
MarylandLaborAttorney.com
ModemStud.com
VintageLosAngeles.org
WorkLawyerCA.info
About Firm Founder, Karl Gerber
Firm Founder, Karl Gerber, has been an employment wrongful termination attorney since 1993. He has represented a wide range of employees throughout California.
Mr. Gerber has won 51 of the binding arbitrations and jury trials he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation.
The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been extensively trained on employment wrongful termination by Karl Gerber.
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