Yes, you can bring a legal claim associated with the employer not providing you with a reasonable opportunity to take your meal or rest periods.
Employers who make it difficult or impossible for their workers to take these legally-protected breaks owe their workers compensation for forcing them to miss their breaks. Should they fail to provide this compensation, these employers could face a lawsuit based on California law.
If you wish to report a widespread violation of labor law by your employer or a violation affecting multiple employees, please contact LETF via phone, online lead referral form or email: Call the LETF Public hotline anytime: 855 297 5322. Complete the Online Form / Spanish Form. Email us at letf@dir.ca.
First check your state's labor laws to see if breaks are required. If so, you can file a complaint. If the company is not in violation of any of your state's labor laws, then complaining would be useless. If there is a violation, then your company could be investigated and perhaps even fined.
Many investigations are initiated by complaints, which are confidential. The name of the complainant, the nature of the complaint, and whether a complaint exists may not be disclosed.
In California, ing to labor laws, employees can waive their lunch break if their work shift is six hours or less. However, it's essential to note that this waiver must be mutually agreed upon by both the employer and the employee.
Chart Summarizing California Meal Break Law How long is your shift?Number of Meal Breaks You're Entitled To Less than 5 hours 0 meal breaks 5 – 10 hours 1 meal break 10.5 – 15.5 hours 2 meal breaks 16 – 21 hours 3 meal breaks
California requires employers to provide employees with ten-minute rest breaks for every four hours (or major fraction) worked. Anything over two hours is a “major fraction” of a four-hour period.
In California, you're allowed to waive your meal break if you do not plan on working more than 6 hours in a shift. If you do plan on working longer than 6 hours then you are required to take your meal break before your 5th hour of work even if you waived it beforehand.
Requirements for Rest Breaks in California Hours WorkedNumber of 10-Minute Rest Breaks to 6 hours 1 to 10 hours 2 10.01 to 14 hours 3 – 18 hours 41 more row