Wage and Hour Violations

Overtime, Meal & Rest Break Issues

Don’t Let Your Employer Short-Change You

California and federal law provide protections to employees regarding their overtime pay rate and breaks they are entitled to. Most workers 18 or older, along with some minor workers who are not required to attend school, are protected under these laws. The law regulates the following:

Overtime: The basic rate for overtime is “time-and-a-half” the regular rate for any hours worked in excess of the statutory maximum, which is 40 hours in a week under federal and state law, but also over 8 hours per day per California law.

Meal breaks: If you are a non-exempt employee who is scheduled four or more hours of work, then you must take a 30-minute uninterrupted break to eat. This break is not paid. If you are scheduled for 10 or more hours in a day, then your employer is required to give you a second 30-minute meal break. 

Rest breaks: For every 3-and-a-half hours worked, your employer must provide a 10-minute paid work break. These breaks may not be combined with your meal breaks, which are legally separate and distinct from rest breaks.

There are stiff penalties for employers who violate the laws guaranteeing breaks for their workers.

If you’d like to learn more about your rights, contact Jeannette for a free consultation at (415) 444-5800 or by filling out a confidential consultation form here.