What can I do if I’m not being given my legal breaks at work?

UPDATED: Sep 29, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 29, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can I do if I’m not being given my legal breaks at work?

I manage a salon full-time working from open to close 5 days out of the week. I don’t get rest breaks or even a real lunch break. They consider it being a “lunch” but it is never for 30 minutes and it’s always interrupted. I get zero benefits; no sick days off. I’m on a salary, so whenever I take a day off I have to make it up to my employer by working on my days off. I feel like I am being treated unfairly and poorly.

Asked on November 2, 2015 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Under CA law, employees must be provided with no less than a 30 minute meal period when the work period is more than 5 hours. Further, unless the employee is relieved of all duty during the entire 30 minute meal period and is free to leave the workplace premises, the period shall be considered "on duty" and counted as hours actually worked, and thus are to be paid for at the employee's regular rate of pay.
Additionally, CA also requires employers to allow employees to take a paid 10 minute rest break for every 4 hours worked. If possible, these breaks must be provided in the middle of the work period. However, breaks are not required for employees who total work time is less than 3 1/2 hours per day.
Here are 2 links that will give you more detailed information:

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption