In California, employees can be categorized as exempt or non-exempt employees.
These different classes of employees are handled differently under California
employment law, and they are entitled to different benefits during their
shift, including breaks. If your employer is denying you breaks, you may
be able to take legal action.
Exempt employees are not entitled to scheduled breaks, but must meet certain
standards to be considered exempt. These standards are:
- The employee receives at least twice the state minimum wage for full-time
- The employee’s duties are primarily administrative, executive, or
- The employee’s duties require the use of independent judgment and
If your job and wages do not match the above description, you are most
likely a non-exempt employee. As a non-exempt employee, you are entitled
to a set number of breaks, depending on the length of your shift. These
breaks include paid rest breaks and unpaid lunch breaks. During your breaks,
you are not permitted to work.
If you are denied these breaks, your employer can face the consequences.
When your employer violates rest break laws, they are required to pay
you an additional hour of your wages for each day the violation occurred.
Certain industries, like healthcare and manufacturing, may have exemptions,
so it is important to speak to an employment lawyer to determine if you
have a case.
If your employer does not provide rest breaks or additional compensation
for missed breaks, you may be able to take legal action against them.
If you feel you may have a case, you shouldn’t hesitate to get in
contact with our Hollister
employment law attorney. There are strict filing deadlines for meal and rest break violations,
so you should act quickly.
Attorney Bill Marder has spent more than 20 years handling cases like yours, and he has the
knowledge and experience to help you receive the compensation you deserve.
Speak to our team to learn how we can help you protect your rights as
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