Legal Question in Employment Law in California

Rest and meal periods

I work full time 8 am to 430 pm and I get an hour lunch, I have never since 11/04 been allowed to take a break. i recently got the nerve to as HR and my HR say that is all the is required by law in California as I am getting 10 mins. more than the law requires(30 lunch and 2-10 min braks). Can you please tell me if rest and meal periods can be combind and clarify this for me as from everything I've read this is not correct and I may be entitled to compensation for the missed breaks.


Asked on 5/22/07, 4:22 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Rest and meal periods

Suggest to the HR person to read the California wage orders which should be posted in a public place in the workplace. If she/he does, they will see for themselves that employers are required to provide a 10 minute rest period for each 4 hour work increment, and shall be in the middle of the 4 hour work period, insofar as is practical. There is a one hour pay penalty for each day this rule is violated.

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Answered on 5/22/07, 4:37 pm
Terry A. Nelson Nelson & Lawless

Re: Rest and meal periods

regardless of length of lunch, you get two 10 min breaks. Try to resolve it with the company, but you can file an unpaid comp claim with the Labor Commissioner if unsuccessful. Feel free to contact me for legal help in doing so, to represent you at the hearings and trial if contested. You are supposed to be protected from retaliation; contact me if something happens.

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Answered on 5/22/07, 6:52 pm


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