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California Break Deprivation Lawyer
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California Break Deprivation Attorney
Are you constantly being deprived of meal breaks while at work?
Don’t let your employer continue to deny you the basic right to a meal break. With our help, you can seek justice and receive the compensation you deserve for the time you were deprived. You deserve to have your rights protected and to be treated fairly in the workplace.
Contact our California meal break deprivation lawyers at (559) 603-8332 today to schedule a free consultation. Don’t wait any longer. Your time is valuable, and so are your meal breaks.
Definition of Meal Break Deprivation
Meal break deprivation refers to the unlawful denial or interference with an employee’s right to take a meal break during their shift. In California, employees are entitled to a 30-minute uninterrupted meal break when they work for more than five hours a day. If an employee works for more than ten hours, they are entitled to a second 30-minute meal break. [1]
The purpose of a meal break is to allow employees to rest and replenish themselves with food. Some employers try to skirt the law by either not providing a meal break or not allowing employees to take a full, uninterrupted break.
Meal break deprivation can have severe consequences for both the employee and the employer. Under California labor laws, when an employee’s meal break is unlawfully denied or interrupted, the employer is required to pay a premium for each violated meal period. This premium is equal to one additional hour of pay at the employee’s regular rate.
Employers can also face other penalties for meal break deprivation. These penalties may include unpaid wages, wage statement violations, and potential liability for class-action lawsuits. The California Labor Code also allows employees to seek civil penalties and statutory damages for meal break violations.
Types of California Meal Break Violations
- Complete Denial of Meal Breaks: One common violation occurs when employers do not provide any meal breaks to their employees. California labor laws require employers to offer their non-exempt employees a 30-minute uninterrupted meal break if they work more than five hours in a day.
- Shortened Meal Breaks: Employers may also violate meal break laws by not providing employees with a full 30-minute meal break. Some employers may pressure employees into taking shorter breaks or interrupt their breaks, forcing them to return to work before completing a full 30 minutes of rest.
- Rigid Scheduling: Employers may schedule meal breaks at inconvenient times, such as at the beginning or end of a shift, making it challenging for employees to take a proper break.
- Forced Work during Meal Breaks: Employers are legally required to ensure that employees are free from any job duties during their meal breaks. Some employers may require their employees to perform work-related tasks, effectively depriving them of their break time.
- On-Call Breaks: Another violation occurs when employees are required to remain on-call during their meal breaks. This means that even though they are technically on a break, employees are still expected to be available for work-related tasks.
- Delayed Meal Breaks: Employers must provide meal breaks to employees within the first five hours of their shifts. If employers delay the meal break beyond this timeframe, it is considered a violation of the law.
Compensation For Meal Break Violations
- Premium Pay: California law requires that employees who are denied their meal breaks be paid an additional hour of pay at their regular rate for each workday that a meal break violation occurs. This is known as premium pay or penalty pay. So, if you were denied your meal break on multiple occasions, you may be entitled to receive additional compensation for each violation.
- Meal Break Credits: In certain cases, if an employer provides a late, shortened, or missed meal break, they may be able to compensate for it by providing a subsequent meal break during the same workday. If this is not possible, the employer must pay the employee one hour of premium pay, as mentioned above.
- Class Action Lawsuits: If several employees have been denied their meal breaks by the same employer, it may be possible to file a class action lawsuit seeking compensation on behalf of all affected employees. This can help ensure that employees receive the compensation they are entitled to and hold the employer accountable for their actions.
- Unpaid Wages and Damages: If you can prove that you suffered financial harm as a result of not receiving your meal breaks, you may be able to recover the unpaid wages and any other damages caused by the violation.
The specific compensation you may be eligible for will depend on the details of your case and the evidence you can provide to support your claims.
How Our California Meal Break Deprivation Lawyers Can Help You
When you turn to Goldberg & Loren, you can expect dedicated and experienced meal break attorneys who will guide you through the legal process.
We will thoroughly analyze your case, gathering evidence of the meal break violations you have experienced. This may include documenting instances of denied meal breaks, shortened breaks, forced work during breaks, and delayed or on-call breaks.
Not only do we fight for our clients’ rights in the courtroom, but we are also committed to providing compassionate and personalized legal representation. We understand the stress and frustrations that come with meal break deprivation and will support you every step of the way.
Have you been unfairly deprived of your meal breaks at work? It's time to take action and fight for your rights.
Don’t let your employer get away with violating your rights. By choosing Goldberg & Loren, you can have peace of mind knowing that skilled and dedicated meal break attorneys are on your side, ready to fight for justice. It’s time to stand up for yourself and make sure you are treated fairly in the workplace.
Take the first step towards justice by contacting Goldberg & Loren today. Don’t delay any longer – you are worth fighting for. Call (559) 603-8332 now to schedule your free consultation and let our California employment lawyers handle your California meal break deprivation case.
[1] Industrial Relations, D. O., & California, S. O. (n.d.). Wages, Breaks and Retaliation. Wages, Breaks and Retaliation. https://www.dir.ca.gov/smallbusiness/Wages-Breaks-and-Retaliation.htm
When it comes to seeking legal assistance for meal break deprivation at work in California, our employment lawyers at Goldberg and Loren are here to provide the help you need. Don't hesitate to reach out to us today and get the answers you're looking for. We're ready to assist you!
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