Legal Question in Employment Law in California

Is it illegal to have employees work without any breaks?


Asked on 8/27/12, 4:49 pm

2 Answers from Attorneys

Very illegal. They should file a complaint here: http://www.dir.ca.gov/dlse/

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Answered on 8/27/12, 5:45 pm
David Sarnoff Sarnoff + Sarnoff

While I generally agree with Mr. McCormick, there are some exceptions. For instance, if you are considered an "exempt" employee, then you may not be entitled to rest and/or meal breaks. However, if, as with most employees, you are considered non-exempt and are an hourly worker in a non-supervisorial position, then you are probably entitled to breaks under California law.

As Mr. McCormick stated, you can file a complaint with the California Division of Labor Standards Enforcement (DLSE). You can also visit our website and complete our Confidential Online Case Evaluation Questionnaire at www.sarnofflaw.com. Someone from our office will review the information and discuss any potential lawsuit with you.

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Answered on 8/27/12, 8:44 pm


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