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Lunch Break Law in California
To determine whether you are entitled to a lunch break under California law* begin by asking yourself the following three basic questions: |
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Are you (or were you, during the time period in question) employed in California? Are you paid on an hourly basis, or do you believe you are or have been improperly classified as an overtime-exempt employee? Has the denial of lunch breaks occurred within the past four years? (In California, these claims can be brought up to four years after they arise) |
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If you have answered yes to these questions, you may well be entitled to a lunch break during your workday. To learn more about this right, see our Frequently Asked Questions below: |
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Frequently Asked Questions |
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What lunch breaks am I entitled to? An employer may not employ an hourly worker for a work period of more than five hours per day without providing the employee with a lunch break of at least 30 minutes. As a practical matter, this means non-exempt workers should try to take lunch breaks as close to the middle of the shift (assuming an eight hour workday) as possible. In some situations, the lunch break may be waived by mutual consent of both the employer and employee. What happens if my employer refuses to let me take lunch breaks? You may be entitled to receive one extra hour of pay every day if your employer violates the lunch break laws. You may be entitled to two hours of pay if your employer violates both lunch AND rest break rules on any given day. |
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Who we are: |
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To see our successes litigating these real-life disputes against many companies you have heard of, click here. If you have been wrongfully denied overtime pay for work you have performed, you need an established, aggressive law firm that spares no effort to resolve your dispute. You have nothing to lose and, potentially, everything to gain. |
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Telephone: (510) 891-9800 • Toll Free: (877) 367-6477 • Email us An Oakland, California-based law firm helping employees |
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