![]() In such a case, the worker would be entitled to recover unpaid overtime wages at time and a half as well as the premium penalty for the missed meal break. When an employee is told to clock out for a meal break but is required to keep working, the employee may end up working more than 8 hours a day or 40 hours a week. Note that overtime claims can sometimes be implicated in meal break cases. Violation of Lunch Break Laws & Additional Overtime Claims ![]() Every day the employee misses a meal break counts as a separate violation of the law. If the shift exceeds 10 hours, a second meal period is required, though the employee may choose to waive this second meal break if the workday is no longer than 12 hours and they did not waive the first meal break.įor a violation of this law, the employee is entitled to be paid for the missed break plus a premium of one hour of pay at the regular rate. The meal break should be taken within the first 5 hours of work, and it is the employer’s responsibility to ensure that the meal break is taken on time. During this time, the employee is to be relieved of all duties and is free to leave the premises. In California, anytime an employee works more than 5 hours, they are entitled to a 30-minute unpaid meal break. Schedule a free consultation with Gaines & Gaines online or call (866) 400-4450 to get started on your meal and rest break violation case. With over five decades of professional experience, we know how to strategize an effective case for compensation and will advocate firmly for your rights as an employee. Our Calabasas employment lawyers at Gaines & Gaines represent workers all over California who have been denied the meal breaks and rest periods to which they are entitled. ![]()
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