Tag Archives: rest breaks

by | November 4, 2012 · 4:21 pm

My Boss Doesn’t Let Me Take A Rest!

If your boss does not let you take a rest break, or forces you to work during your rest breaks, what can you do? What is owed to you? According to California Labor Code Section 226.7:

(a) No employer shall require any employee to work during any meal or rest period mandated by an applicable order of the Industrial Welfare Commission.

(b) If an employer fails to provide an employee a meal period or rest period in accordance with an applicable order of the Industrial Welfare Commission, the employer shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each work day that the meal or rest period is not provided.

Moreover, the applicable wage order to your industry likely includes language similar or identical to this (section 12):

Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof.

If you’ve been denied rest breaks, or forced to be ‘on-call’ during your rest breaks, you might have a legal claim. If you want to know more, check out my earlier post on a recent rest break case. The case, commonly known as “Brinker,” was big news because the California Supreme Court weighed in and attempted to resolve lingering questions for wage and hour lawyers all across the state. I’ve also written an entire post exclusively on rest breaks. Check out both to learn more information.

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Branigan Robertson is a California employment lawyer who exclusively represents employees in workplace disputes. He focuses his practice on sexual harassment, wage & hour, wrongful termination, and retaliation. Visit his website at BRobertsonLaw.com or call his office at 949.667.3025.

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by | September 23, 2011 · 8:38 pm

Do I get a rest break at work?

I’m an hourly employee.  Doesn’t my jerk boss have to give me a rest break?  What if he doesn’t?

Yes, you’re entitled to a break! That jerk is in for some serious suits if he doesn’t! And I don’t mean clothing. I mean lawsuits. California law states that any hourly employees that have not been provided at least a 10 minute rest period for every 4 hours of work, that employee is entitled to one hour of pay.  And my boss can’t require me to work during my break, obviously.  He can, however, require me to stay on the premises. CA Labor Code § 226.7.

For example: If I make $30/hr and my boss doesn’t let me take a 10 minute break within a 3.5 – 4hr period, my boss is supposed to compensate me with one hour of pay ($30) on top of the hours I worked that day.

I know what you’re telling yourself right now. “I’m not going to sue my boss for $30 bucks, you idiot.”

True. However, you might want to sue your boss if I let you in on a little secret. That $30 penalty applies per day. And if you add them all up, that could be a lot of money. Let say you’ve been denied a rest break every day for the past three years.  You could be owed $22,500.

That might be worth suing over…. If you add that to a few other wage and hour violations, that number could hit $100,000 with ease. That might motivate you to talk to an employment attorney.

A few more details on rest breaks:

The break must be a paid break. Your boss can’t deduct 10 minutes from your hours every time you go for a smoke, stretch, or stroll.  Also, to the extent possible, you have to take the break near the middle of each work period. This is flexible, though. Lastly, you don’t have to take the break if you don’t want (provided your boss isn’t ‘encouraging’ or forcing you not too).

With that said…keep up the good work.

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Branigan Robertson is a California employment lawyer who exclusively represents employees in workplace disputes. He focuses his practice on sexual harassment, wage & hour, wrongful termination, and retaliation. Visit his website at BRobertsonLaw.com or call his office at 949.667.3025.

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Filed under Rest Breaks, Wages and Hours

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