What happens if my employer doesn't give me a break?

First check your state's labor laws to see if breaks are required. If so, you can file a complaint. If the company is not in violation of any of your state's labor laws, then complaining would be useless. If there is a violation, then your company could be investigated and perhaps even fined.

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Labor Laws In California Regarding Lunch Breaks In Palm Beach

Category:

Employment - Handbooks

State:

Multi-State

County:

Palm Beach

Control #:

US-002HB

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Instant download

Description

This Handbook provides an overview of federal laws addressing employer-employee rights and obligations. Information discussed includes wages & hours, discrimination, termination of employment, pension plans and retirement benefits, workplace safety, workers' compensation, unions, the Family and Medical Leave Act, and much more in 25 pages of materials.

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FAQ

Yes, you can bring a legal claim associated with the employer not providing you with a reasonable opportunity to take your meal or rest periods.

First check your state's labor laws to see if breaks are required. If so, you can file a complaint. If the company is not in violation of any of your state's labor laws, then complaining would be useless. If there is a violation, then your company could be investigated and perhaps even fined.

Most California workers must receive the following breaks: An uninterrupted 30-minute unpaid meal break when working more than five hours in a day. An additional 30-minute unpaid meal break when working more than 12 hours in a day.

Employers who make it difficult or impossible for their workers to take these legally-protected breaks owe their workers compensation for forcing them to miss their breaks. Should they fail to provide this compensation, these employers could face a lawsuit based on California law.

In California, you're allowed to waive your meal break if you do not plan on working more than 6 hours in a shift. If you do plan on working longer than 6 hours then you are required to take your meal break before your 5th hour of work even if you waived it beforehand.

You must start and end all Meal and Rest Periods in a work status. You cannot use a Meal or Rest to leave work early or show up late. That said, some offices allow it - and again are violating federal law in doing so.

You cannot employ someone for a work period of more than five hours without providing an unpaid, off-duty meal period of at least 30 minutes. The first meal period must be provided no later than the end of the employee's fifth hour of work.

Unless your employer tells you otherwise, you're still expected to work up until your scheduled quitting time, even if you willingly skip lunch. There are some situations when employees may take what California law calls “on duty” meal periods.

If you have worked five hours or more, your workplace is required to give you a 30-minute meal break. Your meal break should begin sometime before the last hour of your shift. It is not required for you to take this meal break. If you have worked less than 6 hours in a day, you can agree to forego your meal break.

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If you work over 5 hours in a day, you are entitled to a meal break of at least 30 minutes that must start before the end of the fifth hour of your shift. An additional 30-minute unpaid meal break when working more than 12 hours in a day.A paid 10-minute rest period for every four hours worked. You may not require an employee to work for a period of more than five hours per day without providing them with a 30-minute unpaid meal break. Workers who work over five hours in one day are eligible for a meal break of thirty (30) minutes. Employers must provide a second meal break of no fewer than 30 minutes for all workdays on which an employee works more than 10 hours. A work shift exceeding six hours will not allow you to have the 30-minute break. If you qualify for a meal break, you must be given 30 minutes of meal time that must be taken before the end of the fifth hour of your shift. The California Labor codes accord meal breaks for non-exempt employees who work for three and a half hours (or more) in a day. California labor laws (labor regulations or Labor Code) enable you to sue your employer if your employer prevents you from taking your break.

Labor Laws In California Regarding Lunch Breaks In Palm Beach

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