Meal and Rest Breaks: Your Rights as An Employee Explained by California Employment Lawyers

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Meal and rest breaks are important for employees as you can use these times to recharge or discharge. Many employers afford their personnel to take rest or meal breaks whether unpaid or paid. Although it’s a common practice, it’s not required in all states. According to the Fair Labor Standards Act, employers aren’t required to provide their employees with rest or meal breaks. But this doesn’t always apply as some states have started requiring employers to give employees such breaks although some states have not. California employment lawyers know your rights with regards to this issue and if you think your employer has violated those rights, they will help you out.

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Meal breaks according to state laws

Less than fifty percent of the states require employers to give their personnel lunch breaks. In such states, employees who have 5 to 6 hours of work at a time are usually permitted 30-minute breaks for lunch. Some states don’t allow employers to give breaks near the start or end of their employees’ work shifts. Employees are not entitled to get paid for breaks should they get relieved of all their work duties during the break. However, if you can work while having your meal or rest break, then you may get paid even while on break. The Department of Labor’s website offers a listing of state laws regarding meal breaks. You can also reach out to a professional employment attorney from California to explain your rights clearly.

Rest breaks according to state laws

Surprisingly, there are only a few states that require employers to permit employees to take breaks throughout their working day. Most of these states give their workers 10-minute breaks with pay for every 4 hours of work. Some states allow employers the choice between giving rest breaks or a meal break. Others only require employers to give employees just enough time to go to the restroom. You can see the list of state laws regarding rest breaks at the website of the Department of Labor. For expert advice regarding these laws, a labor law attorney in California can help you out.

Variations of laws according to age

Some states require employers to permit younger employees to take rest or meal breaks. In the states that require such breaks for adults, rules for minor employees are sometimes much stricter. For instance, Delaware requires its employers to give a 30-minute break for workers who work a minimum of 7.5 hours while minors get 30-minutes for every 5 hours of work. There are special rules for minors in some states too. Minors are those below 18 years of age. There are also special rules for minors below 15 years of age. Contact your state labor department for more information on the break rules of your state for younger employees.

Get expert advice from Belal Hemidah Law Employment Lawyers

If you encounter any problems regarding break issues, feel free to contact the labor department of your state or visit their website. If you want to know more about your rights in terms of rest and meal breaks, call Belal Hamideh Law office at (562) 526-1224 for a free consultation.