Explaining Meals and Breaks Issues

San Diego Employment Lawyers
Explaining Meals and Breaks Issues

Workers who spend their days performing their duties have a right to eat a meal and to take rest breaks from time to time.  These requirements exist because it’s in the interest of everyone involved to keep workers as fresh and focused as possible.  Unfortunately, there are employers out there who routinely refuse to allow workers to take their breaks and to take time for meals.  Simply put, this is conduct that violates several norms and regulations, and anyone who has experienced this type of treatment in the workplace needs to seek the help of experienced San Diego employment lawyers as soon as possible.  Below is a brief overview of this work-related issue.

Break and Meal Requirements

There are specific requirements in place legally that dictate what workers are entitled to in terms of breaks and meals in California.  Workers who are non-exempt and who are paid hourly are entitled to one ten-minute break every four hours, and to two ten-minute breaks for every eight hours worked.  In addition, workers who spend at least five hours at work are entitled to 30 minutes of unpaid time for meals.

Specifics Regarding These Requirements

One of the tactics used by employers who want to maximize productivity is to ‘allow’ for breaks and meals but to do so only while the worker is still performing some sort of duty.  In short, these types of ‘breaks’ and ‘meal breaks’ are not actually meeting the requirements laid out by the law.  Workers are supposed to be able to enjoy their rest periods without engaging in duties that they handle throughout the day.

How This Conduct Plays Out

There are two general ways in which workers are routinely refused legally required break times.  The first involves the simple nature of the job.  If the worker is performing a critical duty and no one is available to handle these duties during a break, that worker rarely if ever gets the time he or she needs to rest and recover.  The more explicit manner in which these problems arise occurs when workers request a break and these requests are openly denied by an employer.

If this has happened to you or to someone you love, you need to take action to protect your rights.  If you seek justice and you’re successful, you could be entitled to back pay, interest and attorneys’ fees.  Contact the San Diego employment lawyers at Mitchell | Gilleon today to schedule a free initial consultation.