Navigating California Rest Break Laws: What You Should Know
California is known for having some of the most comprehensive labor laws in the United States, especially when it comes to rest breaks. This article will help you understand your rights under California rest break laws and guide you on what steps to take if these rights are violated by your employer. As an employee, California Rest Breaks Laws are important, let's discuss what you should know.1
Your Rights Under California Labor Code
The California Labor Code Section 226.7 and Industrial Welfare Commission (IWC) Order 5-2001 12(A) mandates that employers must provide a 10-minute rest break for every four hours worked or major fraction thereof. These rest breaks should be uninterrupted and must be provided in the middle of each work period when feasible. Unlike meal breaks, rest breaks are counted as time worked and therefore, must be paid.2 3
Common Rest Break Violations
Common violations of California rest break laws occur when employers fail to provide their employees with the required 10-minute breaks, require employees to work during these breaks, or pressure employees to skip them. It is also a violation if the employer does not provide the rest breaks near the middle of the four-hour work period when it is practical to do so.1
What to Do If Your Rest Break Rights Are Violated
If your employer is not adhering to the state's rest break laws, take the following steps:
1. Document the Violations
Make sure to document each instance where a violation occurs, noting the date, time, and the nature of the violation. This record can serve as evidence if you decide to take legal action.
2. Speak with Your Employer
Discuss your concerns with your employer or human resources department. They may be unaware of the violations or misunderstand the requirements under the law. It's important to communicate your rights and give them an opportunity to rectify the issue.
3. Consult an Employment Lawyer
If the violations continue despite your efforts, it may be time to consult with an employment law attorney. A lawyer can provide advice tailored to your situation and guide you through the process of filing a wage claim.
4. File a Wage Claim
If necessary, you can file a wage claim with the California Division of Labor Standards Enforcement (DLSE). If your claim is successful, you could receive one hour's pay at your regular rate for each workday that a rest break was not provided.4
How Wage Law Group Can Help
At Wage Law Group, we specialize in protecting the rights of workers in California. If you believe your rest break rights have been violated, our knowledgeable and experienced attorneys can help. We will work tirelessly to help you understand your rights, build a strong case, and seek the justice you deserve. Contact us today for a free consultation.
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