California Employee Break Laws: Know Your Rights!

All over the United States, as well as in the Statehour period the employee works. So if you work
of California, Americans began developing labor10 hours in one day you are entitled to two thirty
laws during the industrial age to set standards ofminute breaks. Lastly, these meal breaks must be
what was acceptable in the work place. Duringuninterrupted. If you were not given your breaks
this time in our country, child labor and 16 hourproperly your employer is required to compensate
days without breaks were commonplace. As timeyou for your time. Contacting California
progressed, workers began to stand up for theiremployment lawyers is a necessary step to claim
rights in their workplace, fostering the progressthe money that is owed to you.
that has been made through the judiciary systemCalifornia employees often consult California labor
and improving working conditions. Today, the endlaw attorneys to file complaints against their
result can be seen in the form of highly specificemployers for violating California labor laws with
California labor laws which are designed to protectrespect to their 10 minute breaks as well.
the employee and hold the employer accountable.California employee break laws state that, for
This does not necessarily mean that violations andevery 4 hours of work the employee is entitled
infractions no longer occur, but today’sto a10 minute break. By law the employer is not
workplace environment is a “far cry”required to record these breaks and is also not
from what employees suffered through duringrequired to pay the employee for these breaks.
the industrial age. California labor law attorneys areHowever, some employers choose to pay their
always at the ready to assist workers beingemployees. The two most common courses of
abused by non complying employers.action the employee can take if they feel their
The California employee break laws are specificemployment right have been violated is to
about what is expected of the employer, yetcontact either the California Labor Board or
every year hundreds of workers contactCalifornia employment lawyers.
California employment lawyers to file a complaintIn the state of California, the burden of proof is
against their employers. Oftentimes the employeron the Employer. This means that anytime the
will send the employee home a half an hour earlyemployer is brought to court on allegations of
to “make up” for the missed meal break.violating California labor laws it is the
Or some employers will have the employee takeemployer’s responsibility to prove that they
their break during the first half hour of work.are not guilty of such accusations. If the employer
These are common violations of Californiais unable to do so, it is assumed that the
employee break laws and anyone who has beenallegations are of merit and the court will then
a victim should speak to California labor lawdetermine to what extent the worker should be
attorneys to get the right representation andcompensated. Also, it’s important to note
discuss a potential claim.that as an employee, you have up to 4 years to
California employee break laws clearly outline whathave California labor law attorneys file a complaint
is expected of the employer as far as how oftenwith the court. Keep in mind that the California
and when breaks should be administered toLabor board will usually only go back 3 years.
employees. For instance, the 30 minute break,Regardless of how the employee decides to air
often referred to as the meal break, is to betheir grievances and seek resolution, the
given within in the first 5 hours of work if theimportant thing is to stand up to employers who
employee is scheduled to work longer than 6are taking advantage of their employees by
hours. Furthermore, it is to be given for every 5violating California labor laws.