Oxnard Ventura Meal Break Lawyer 

Employers must pay meal premiums of one hour of pay if a nonexempt employee is prevented from taking a meal break of 30 minutes before their 5th hour of work. The ability to take a meal break requires that the employee not be interrupted by having to answer calls or texts about work, or otherwise stop the meal break and perform work. Employee who work more than 10 hours are entitled to take a second meal break. There are exceptions to these rules including whether employees have signed meal break waivers. Not all meal break waivers are valid. The Employment Lawyers Group has tried cases involving invalid meal break waivers.

Meal break cases may involve situations where the employee did not punch out at all for a meal break. Rest breaks, on the other hand, do not require employees to be punched out. A lack of punch data creates a rebuttable presumption the meal break was not taken. Employers can rebut if the employee admits they had the opportunity to take a meal break, nothing prevented the employee from taking a meal break, and/or witnesses who testify they saw the employee take lunch breaks and otherwise were not aware of any reasons why the employee could not have taken the meal break. A voluntary decision not to take a meal break does not create a case.

#Rest break lawyer #meal break attorney

(805) 200-0100