In California, most employees are entitled to a ten minute rest break for the first three-and-a-half hours and an additional rest break for each four hour period more than six total hours. Some employers say they allow rest breaks, but in practice they make it impossible for employees to take them.
Most employees are also entitled to a 30 minute meal break, uninterrupted and completely free of control, on shifts of more than five-and-a-half hours. A shift of more than 10 hours gives employees the right to a second off-duty meal break.
The attorneys at Hoyer & Hicks have years of experience dealing with these types of cases. Contact us today for your free consultation.
Wahid and Saavedra vs. Nations
Alameda Superior Court Nos. RG 05246866 and RG 08421015
We represented restaurant managers who had been misclassified as exempt and denied overtime as well as rest and meal breaks and thereby achieved a substantial settlement. We won the case at trial.
Neu-Helms, et al. vs. UHS Delaware, Inc.
Alameda Superior Court No. RGO 8425516
WWe represented a group of special education assistants who were compelled to waive their right to a lunch break allegedly by the nature of their work. We successfully moved to certify the class and obtained a settlement that was 100 cents on the dollar for class members' meal break claims.
Palm v. Sur la Table, Inc.
United States District Court, Northern District of California, Case No. 12-CV-01250
Styled as a class action, We represent retail employees who were denied rest breaks at the statutorily-mandated minimum rate of 10 minutes for every four hours, or a major fraction of four hours. The case is ongoing, and plaintiff will attempt to certify the case for class treatment in the near future.