Lyon Legal, P.C.
Call Today For A Free Consultation
  • Long Beach - (562) 216-7382
  • Riverside - (951) 208-7723

Rest breaks can spark wage and hour disputes

Hardworking California residents often treasure those times when they can take a break. Even their days off are usually filled with household and family obligations that take up their time. So when employers fail to provide the paid rest breaks required by law, it can quickly spark wage and hour disputes.

Of course, there are instances where employers are not required to provide the 10 consecutive minute breaks for every four hours worked, but even then, they are required to either compensate employees or let them have the breaks at a later time. Workers can take that rest break as long as they have worked a "major fraction" of the four hours, which could be as little as two hours. Even though the rule says that employees only need to be around two hours into a four hour period to get their break, if the shift is only 3.5 hours, no rest break is required.

Mothers who breastfeed their children may have additional rest periods to express their milk. These times may include the regular rest breaks mentioned above. Employers do not need to compensate lactating mothers for any time over any regularly scheduled breaks. For example, if it takes a mother 20 minutes to express her breast milk, the employer must only pay for 10 of those 20 minutes.

Enough exceptions to California's rest break rule exist that employees wanting to lodge wage and hour disputes against their employers may want to make sure they have a claim first. Speaking with an employment law attorney to determine whether they are being denied the breaks they are entitled to by law. If it turns out that a claim would be the appropriate course of action, he or she can then assist with filing and pursuing it.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Talk With An Attorney Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Lyon Legal, P.C

Long Beach Office:
2698 Junipero Ave
Suite 201A
Signal Hill, CA 90755

Phone: 562-216-7382
Fax: 562-216-7385
Signal Hill Law Office Map

Riverside Office:
3600 Lime Street
Bldg 4 Suite 412
Riverside, CA 92501

Phone: 951-208-7723
Fax: 562-216-7385
Map & Directions

7.2Devon Marie Lyon
Google Map