Rest Break Lawyer Los Angeles & California
Rest Break Attorney: Representing plaintiff employees in claims for rest break violations.
Am I entitled to rest breaks at work?
Under California’s numerous employment laws, including statutes, regulations, standards and the wage orders of the California Industrial Welfare Commission (IWC), employers are obliged to provide rest breaks which must be “counted as hours worked” and for which there must be “no deduction from wages.”
This means that California employees are legally entitled to receive paid rest or recovery breaks during their work, subject to the provisions of the applicable statutes or wage orders corresponding to the relevant industry.
What period of rest am I entitled to?
Generally speaking, employers must provide their employees with a 10 minute paid rest break for every 4 hours worked. If an employee works less than 4 hours in a particular shift, they become entitled to a paid 10 minute rest break after 3 1/2 hours has elapsed.
Where and when can I take my rest break?
California regulations provide that employers should permit their employees to take rest breaks in the middle of the shift “insofar as practicable.” Moreover, if employees are working outside in the heat, employers should provide employees with a rest break in the shade, or conditions sufficient to allow them to cool down and recover.
How are claims for unpaid rest breaks calculated?
If your employer has failed to provide you with a rest break for every 4 hour shift that you worked, you may be entitled to recover 1 additional hour of pay for each workday that a rest break was no provided.
How far back can I claim for unpaid rest breaks?
Generally speaking, a 3 year statute of limitations will apply to all claims for unpaid rest breaks.
However, please note that employment law is extremely time sensitive. Consequently, issues concerning limitation periods require careful analysis. You are advised to contact an employment attorney as soon as possible for assistance assessing limitation periods in any prospective employment claim you may have.
How much is my claim for unpaid rest breaks worth?
It is important to note that, although you are only entitled to recover one hour of additional pay for each day that your employer failed to provide you with a rest break, these small sums can rapidly accumulate into large claims when calculated over a 3 year (156 week) limitation period.
For example, if an employee earning $25 per hour was illegally denied rest breaks, then that employee would be entitled to recover $25 per day (one additional hour of pay for each day that a violation occurred) x 5 days a week x 156 weeks.
$25 (per daily violation) x 5 (number of workdays in a week) = $125
$125 per week x 156 weeks (3 year limitation period) = $19,500
Total claim for rest break violations = $19,500
Moreover, it is often the case that employers who fail to provide rest breaks ordinarily also fail to provide employees with meal breaks. Thus, claims for rest break violations can ordinarily be found to accompany claims for meal break violations, and vice versa. As a result, the total sums can quickly amount to claims in the region of $50,000 – $100,000.
Possible additional related claims
Employees who have been subjected to rest break violations may also be in a position to seek damages against their employer for pay stub violations. In such circumstances, penalties of up to $4000 can accrue against employers for failing to issue accurate pay stubs.