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If you are being denied your rest breaks during your work days, The Law Offices of Rhett T. Francisco can help you get them back. If any of the information below applies to you, you may have a case. As employment attorneys, my team and I work to make sure you are provided for and receive both fair compensation as well as meal breaks and rest periods.
As an employee in California, you are entitled to rest periods throughout your work day. If you work at least three and a half hours per day than you are entitled to at least one rest break. Rest periods should be held during the middle of your work. They should not occur at the beginning or end of a work shift. You are also entitled to additional rest breaks for every 4 hours you work. You may be required to stay on the job site during your breaks, however you should not be doing any work during any breaks unless you do so of your own free will. Breaks must be a minimum of 10 consecutive minutes. These rest periods are counted as time worked and employees, therefore, are to be paid for the time on break. Because employees are paid for these breaks the employer has the authority to say that during these rest breaks the employee must stay on the premises.
There are a few exceptions where taking a rest break according to the law as stated above do not necessarily apply. Some of these exceptions include people who work as care givers as well as dancers, and other performers. Some performers, where there are rehearsals, are entitled to additional rest periods during rehearsal and/or shooting. Please contact The Law Offices of Rhett T. Francisco for more information and legal representation regarding your rest periods.
Employers must provide a reasonable break period for employees who want to breast feed their infants. If it is possible the break for breast feeding should take place concurrently with any existing rest break that the employee has. Rest periods for breast feeding that do not run concurrently with existing rest periods authorized by Industrial Welfare Commission wage orders do not need to be paid rest periods. Additionally, employers are not required to allow breaks for breast feeding if doing so will seriously disrupt the operations of the employer.
Missing a break or working through a break does not entitle and employee to leave work earlier than scheduled, nor does it entitle the worker to arrive late for work.
If you have any questions call The Law Offices of Rhett T. Francisco.