If my employer is not allowing me to take a rest period, can I do something about it?
Yes. If you are a non-exempt California employee, you must receive a 10-minute rest period for every 4 hours that you work. If your employer does not give you rest periods for every 4-hour work period, you must be paid for an extra hour at your regular wage for every day you did not receive a rest period. If your employer does not pay you an extra hour’s worth of wages for every day you did not receive a rest period, you may file a rest period wage claim in California. The bottom line is that every California non-exempt employee must receive a 10-minute rest period for every 4 hours that you work and if you do not receive an hour’s worth of wages for every day that you didn’t receive a break, you may file a California rest period wage claim against your employer.
Under California law, Jane is supposed to have a 10-minute break for every 4 hours that she works. Jane’s employer is refusing to let Jane take her breaks. Jane told her employer that under California law, if he or she does not allow Jane to take her 10-minute breaks for every 4-hours of work, Jane must receive an hour’s worth of compensation at her regular rate of pay for every day in which she is refused a break. If Jane’s employer refuses to pay her an extra hour for every day she was denied a break, Jane may file a rest period wage claim in California.
If you have a question about California rest period law or want to file a rest period wage claim, contact Strauss & Strauss APC now.