San Diego Meal and Rest Breaks Lawyer

Under California labor law, employers must provide 30 minute, uninterrupted meal breaks and ten minute rest periods during a workday to all non-exempt employees. "Non-exempt" employees include everyone that is not a professional, executive or administrator. If you are a non-exempt employee, and your employer doesn't give you meal breaks and rest periods, you may have the basis for filing a lawsuit.

Your employer might give you a confusing reason for depriving you of meal breaks and rest periods; the San Diego employment lawyers of The Emge Firm, LLP can tell you whether they are actually committing a labor code violation depriving you of your rights. Contact us to set up a free initial consultation with our attorneys.

The Law About Breaks

California labor law 226.7 lays out the rules for meal breaks and rest periods:

  • All non-exempt California employees are entitled to one half hour of uninterrupted meal break in each five hour block of time.
  • All non-exempt California employees are also entitled to a 10-minute rest period in the middle of every four hour shift.

Essentially, this means that anyone working 8 hours a day should get at least one half-hour break and two other 10-minute periods.

In California, companies found to have violated these rules must compensate the employee with one additional hour of pay per day at the employee's regular rate of compensation. Current statutes allow these claims to reach back up to four years to collect the wages. These actions often lend themselves well to employee class action lawsuits.

Through the use of a class action device, many employees who have all been deprived of their breaks can file suit through a single representative, seeking millions of dollars for thousands of employees. Our class action lawsuits for wage and hour issues have ranged in class size from 20 employees to 8,500 employees with values in the millions of dollars for the class.

At The Emge Firm, LLP, we have successfully handled many class-action suits about many different employment law issues. Visit our Representative Cases page to read about a few of our successes.

Contact our lawyers today at 619-595-1400to set up a free consultation to talk about a labor law violation resulting from being denied a rest break or break time. To speed up the process, you can fill out our employment law intake form.