Top Rated Bakersfield Rest and Meal Break Attorneys
Bakersfield Rest and Meal Break Lawyer
Find out why we are one of the best rest and meal break law firms in Bakersfield, CA
Bakersfield Rest and Meal Break Violation Attorney
You are entitled to take rest and meal breaks as a worker in Bakersfield. If your employer has not provided these breaks, you can pursue legal action and hold your employer accountable.
Our Bakersfield omitted rest and meal break lawyers are here to help you 24/7.
We have helped clients like you for 30+ years in rest and meal break disputes. We are open now and ready to represent you starting today.
Goldberg & Loren Meal & Rest Break Lawyers
Fight for Maximum Compensation!
Pay Nothing, Unless We Win
Attorney Zac Stoltz, who is licensed with the California Bar, is ready to support you through your employment claim along with the rest of our legal team. Call (661) 669-8224 and book a free consultation with our Bakersfield rest and meal break attorneys.
What Are Rest and Meal Break Violations?
Rest and meal break violations occur when you are denied your rightful breaks during a workday.
Under the California Labor Code, you have the right to take uninterrupted and duty-free meal and rest breaks.
Consult with our experienced Bakersfield rest and meal break violation lawyers today to take the next steps if your rights have been violated.
In 2024, a lawsuit was filed against Popeyes California for forcing employees to work through lunch and rest breaks. [1]
What Does California Law Say About Rest Breaks?
Californiaβs law entitles you to various rest breaks during the day.
The rest breaks you are permitted depend on how many hours you work. If you work more hours, you may be entitled to more than one rest break during your shift.
Here are the key rest break types you are entitled to:
10-Minute Rest Break: Your employer must provide you with a 10-minute rest break for every four hours you work. This applies if you are working at least 3.5 hours every day. These breaks must be paid by the employer.
Multiple 10-Minute Rest Breaks: If you work more than 6 hours but less than 10, then you are entitled to a second 10-minute break. If you work more than 10 hours, then you are entitled to get three 10-minute breaks. Labor Code 512
What Does California Law Say About Meal Breaks?
California laws are equally specific regarding meal breaks. You must get a 30-minute meal break for certain hours worked. These meal breaks should be uninterrupted, and your employer must not force you to work during them.
Here is what California laws say about meal breaks:
First Meal Break: The first uninterrupted meal break you are entitled to is a 30-minute break if you work 5 hours or more during your shift. Your employer is required by law to provide this meal break before the end of the fifth hour of your work. You can choose to waive it, skip it, or take it later. (IWC) Wage Order No. 4-2001
Second 30-Minute Meal Break: You are entitled to a second 30-minute meal break if you work a 10-12 hour shift. This meal break should be given to you by the employer before the end of the tenth hour of work.
On-Duty Meal Breaks: California usually prohibits any meals during work. California Labor Code Β§ 226.7 If the nature of work permits and both you and your employer agree, then you can take on-duty meals. This meal break must be agreed to by both parties, and it must be paid.
Any violations of your meal break rights entitle you to choose a legal recourse. Let our Bakersfield rest and meal break violation lawyers help you with your case.
In 2024, McDonaldβs California was sued for coercing employees into skipping meal breaks. This class action lawsuit resulted in a $6.5 million settlement. [2]
Can I Sue My Employer for Violating My Rest Break and Meal Break Rights?
Yes, you can and should sue an employer if they have violated your meal and rest breaks. Suing your employer means they get penalized for violating your basic rights as a worker under California law. It also means you get compensated for the missed rest and meal breaks.
This claim is filed with the California Labor Commission.
It entitles you to the following compensation types:
- 1 hour of wages per day you were denied any meal or rest breaks
- Maximum of 2 hoursβ wages per day for any denied meal or rest breaks
We can help you sue your employer if they have violated your rightful rest and meal breaks. Our rest and meal break violation attorneys will simplify the process ahead and fight for your rights.
How Do Missing Meal Breaks and Rest Breaks Affect the Employee?
Missing rest and meal breaks means you get no break from work or time to eat. It can lead to not only a lack of motivation at work, but also cause emotional distress.
The constant nature of work can result in increased stress, and you are more likely to become injured if you work in a dangerous environment.
The following are common effects of missing rest and meal breaks:
- Continuous work without breaks leads to increased physical and mental stress
- Fatigue, headaches, and muscle tension
- Declining work performance is common due to the constant stress
- Increased risk of work-related accidents and injuries
- Missing breaks can lead to burnout, negatively impacting your health and well-being
- You may experience decreased focus and reduced cognitive function
- Your morale tends to suffer
Our Bakersfield employment law firm has represented many clients like you. We know the suffering and challenges caused by these break violations. Our Bakersfield rest and meal break violation lawyers can help you.
What Legal Recourse is Available for Rest and Meal Break Violations?
You have the right to file a complaint against your employer with the California Labor Commissionerβs Office. As mentioned before, the labor commission can penalize your employer and entitle you to an additional hour of pay at your regular rate.
You can also pursue legal action for:
- Attorney fees
- Employer retaliation due to a complaint
- Discrimination by the employer due to the complaint
- Unpaid wages
Our Bakersfield rest and meal break violation law firm is here to help you with the legal recourse. Depending on your case, you may be entitled to legal action, compensation, and additional pay. Let our rest and meal break violation attorneys guide you through the legal process.
Table of Contents
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Bakersfield Rest and Meal Break Violation Attorney
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What Are Rest and Meal Break Violations?
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What Does California Law Say About Rest Breaks?
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What Does California Law Say About Meal Breaks?
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Can I Sue My Employer for Violating My Rest Break and Meal Break Rights?
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How Do Missing Meal Breaks and Rest Breaks Affect the Employee?
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What Legal Recourse is Available for Rest and Meal Break Violations?
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Charts for Mandated Rest and Meal Break in California
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California Meal Break Requirements
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California Rest Break Requirements
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What to Do if Your Bakersfield Employer Has Violated Your Rest and Meal Breaks
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How to File a Legal Claim for Rest and Meal Break Violations in Bakersfield
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Statute of Limitations for Rest and Meal Break Violation Claims in California
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Bakersfield Rest and Meal Break Violation Lawyers
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FAQs
Bakersfield Practice Areas
Charts for Mandated Rest and Meal Break in California
During a day, you are entitled to get specific rest and meal breaks for specific hours that you work. If you work less than 3.5 hours, then you are not entitled to get any rest or meal breaks. However, working between 3.5 and 6 hours entitles you to a specific number of breaks.
The law chart for rest and meal breaks is as follows:
| Mandated Rest Breaks | Hours | Mandated Meal Breaks | Hours |
| 0 | 0 β 3.5 hours | 0 | 0 β 4 hours |
| 1 | 3.5 β 6 hours | 1 | 5 β 10 hours |
| 2 | 6 β 10 hours | 2 | 10 β 15 hours |
| 3 | 10 β 14 hours | 3 | 15 β 20 hours |
| 4 | 14 β 18 hours | 4 | 20+ hours |
| 5 | 18 β 22 hours | 5 | 0- 5 hours |
Your employer must give you a rest break every fourth hour. You are also supposed to get a meal break at the end of every fifth hour.
If you have suffered violations of your rest and meal break rights, then our Bakersfield rest and meal break violation lawyers are here to help you file a formal complaint.
California Meal Break Requirements
California requires a specific number of breaks for hours worked for each worker. Employer must provide you with said meal breaks.
The key requirements are as follows:
Meal Break Requirements | Details | |
Eligibility | Non-exempt employees working >5 hours | Must provide one 30-minute meal break |
Duration | 30 minutes | Must be uninterrupted and duty-free |
Timing | Before the end of the 5th hour for the first meal break | Second 30-minute break if >10 hours worked |
Duties During Break | Employer must relieve all duties | Employee is free to leave the work premises |
Penalties for Non-Compliance | Employers owe one extra hour of pay per missed break | Breaks must be provided, or penalties apply |
If you meet the rest break requirements and your employer has denied them, then you may get compensated for lost or missed rest breaks. Talk to our rest and meal break violation attorneys today to take legal action.
California Rest Break Requirements
Rest break requirements follow a similar principle, but the rules are different. After a certain number of hours of work, you must get a rest break from your employer.
The rest break requirements are as follows:
| Rest Break Requirements | Details |
Duration | 10 minutes | Must be paid, be uninterrupted breaks, and consecutive |
Eligibility | Non-exempt employees working > 3.5 hours | One 10-minute paid rest break per 4 hours worked (or major fraction) |
Number of Breaks | One break for 3.5-6 hours, two for 6- 10 hours, three for 10-14 hours | Additional rest break for every 4-hour work milestone |
Penalties for Non-Compliance | Employers owe one extra hour of pay per missed break | Employer must provide uninterrupted rest breaks |
Timing | Approximately every 4 hours worked | Breaks are given near the middle of work periods |
Work Duties During Break | None | Employee must be free of duties |
What to Do if Your Bakersfield Employer Has Violated Your Rest and Meal Breaks
If your employer has violated your rest and meal breaks, then you should document the situation for legal action. This should include gathering key evidence to back up your claim of missed or interrupted meal breaks.
Therefore, here is what you should do:
- Document Rest and Meal Break Violations: Begin documenting violated rest and breaks right away. Note down the date, time, and frequency of your rest and meal break violations. Also, document the reasons for interruption or denial of your breaks.
- Report to HR/Employer: Report to your HR or employer regarding break violations. They are required by the law to fix it and reimburse you. This is called premium pay. If they refuse to pay, ask them to provide a written explanation.
- Gather Evidence: Gather key evidence to back up your claim, including timesheets, emails, and communications with your employer. Ask your coworkers/witnesses to provide testimonies of the break violations as well.
- Consult Our Rest and Meal Break Violation Law Firm: Consult our experienced Bakersfield rest and meal break violation attorneys as soon as you can. We will help you take legal action against your employer.
How to File a Legal Claim for Rest and Meal Break Violations in Bakersfield
Filing a legal dispute requires you to provide the proof of rest and meal break violations and lodge an official complaint with the Labor Commission.
The details of missed meal breaks and unpaid wages must also be provided, but you do not have to worry about that.
Here is how our Bakersfield rest and meal break violation lawyers will handle it for you:
- We will file a missed meal break(s) claim with the Labor Commissioner for you.
- Our employment law firm will provide all the key proof in your complaint with the Division of Labor Standards Enforcement.
- We will ask for legal action against your employer and push to get the unpaid wages you are lawfully entitled to.
- You are entitled to premium pay for missed meal breaks, and we will pursue it.
- If the employer refuses, we will take the case to court and litigate against them.
It can be a difficult procedure, but do not fret. We have handled cases like this for years, and we know how to handle claims. Our Bakersfield rest and meal break lawyers will file the claim for you.
Statute of Limitations for Rest and Meal Break Violation Claims in California
The Statute of Limitations is the legal time limit to file a legal dispute. In California, these time limits can vary, depending on the case. Meal break violations fall under the labor disputes, which are regulated by the labor laws.
According to labor laws, you will have the following Statute of Limitations to bear in mind:
Written Contract: For all written contract violations, including omitted meal breaks, you will have four years from the day of discovery of the violation to file a claim. CCP Β§ 337
Verbal Contract: If your contract with the employer is verbal, then you can file a claim within two years from the day of discovery of the violation of your meal breaks. CCP Β§ 339
Bakersfield Rest and Meal Break Violation Lawyers
Getting your rest or meal breaks denied or interrupted is a violation of your rights. You can address the issue with the Labor Commission. You are not alone in this process. Our local Bakersfield employment law attorneys are here for you, and we will help you.
Here is what Goldberg & Loren will do for you:
- Analyze your case and review the existing evidence
- Comprehensive investigation of the violation and interview witnesses
- Compile your evidence and file a claim with the Labor Commission
- Handle communication with your employer, their lawyer, and the Labor Commission for you
- Negotiate or litigate until a favorable resolution is reached
- Pursue maximum compensation for your troubles
Letβs discuss the details of your situation today. Call (661) 669-8224 to get in touch with our Bakersfield rest and meal break violation lawyers and schedule a free consultation.
Goldberg & Loren
Address: 1701 Westwind Dr, Bakersfield, CA 93301
Phone: (661) 669-8224
Frequently Asked Questions (FAQs)
While employers are required by the law to provide meal and rest breaks, they are not forced upon the workers. Workers can choose to waive rest and meal breaks. Employers are also required to set your work schedule, including rest and meal breaks. Whether or not you take them, that is up to you.
This depends on a few key factors. If you have an executive exemption, then you may be entitled to take legal action. There are many laws that dictate this, so getting a consultation from a rest and meal break violation lawyer should help you understand your rights.
Keep detailed records of the dates and times when your meal breaks were missed. This also includes meal breaks that were interrupted or shortened by your employer. Also, collect copies of work schedules, pay stubs, and witness statements from coworkers who experienced similar issues.
Maintain a diary or log of noting down each occurrence, and write down the time and day of the violations of your meal break. Specify the shift length of each workday and interruption times, or when you were called back on duty.
Begin documenting your rest and meal breaks violations right away. Keep detailed records to build a strong case. Report the employer regarding your rest and meal break violations. If no correction occurs from your employerβs side, speak to an employment law attorney immediately.
If your employer corrects and fixes the problem and pays the penalty, then the case will be resolved within the first 2-3 months. However, if the employer refuses and negotiations do not work, then the case could go to court, which could last 6-12 months.
Sources:
[1] Popeyes Accused Of Skimping On Breaks And Wages β Law360 Employment Authority. (n.d.). https://www.law360.com/employment-authority/articles/1847894/popeyes-accused-of-skimping-on-breaks-and-wages
[2] Gendron, W. C. (2025, February 5). McDonaldβs $6.5M CA Labor Law Class Action Settlement. Claim Depot. https://www.claimdepot.com/settlements/romero-v-mcdonalds-ca
If you believe your employer is violating your employee rest and meal break rights, you need to take action right away. You can trust our Bakersfield employment law attorneys to pursue the justice you deserve.
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