Overtime Pay and Rest/Meal Periods - Know Your Rights

In this economy, employers seem more prone than ever to take advantage of their workers, especially when it comes to compensation and work hours.  It is not uncommon for employers to require their employees to work their shifts without the legally required rest and meal periods.  Beyond this, some employers will go so far as to make their employees work more than 8 hours a day or more than 40 hours per week, and refuse to pay them overtime.  These practices are against the law, and violations entitle the employee to compensation.

California Law Requires Rest and Meal Periods

In general, an employer in California is required to provide a meal period of at least 30 minutes for their employees, when the employee works five or more hours for the day.  Additionally, for every four hours worked, the employer must provide a 10 minute rest period.  Any failure to provide for these rest and meal periods will entitle the worker to a one-hour payment for each day there is a violation.  Over the course of a long-term employment, these violations can add up to a substantial penalty for the employer and quite a bit of compensation for the employee.

  

Overtime Pay and Penalties

Under California law, if a nonexempt employee is required to work more than 8 hours per day or more than 40 hours in a week, the employer must pay their worker 1 1/2 times their usual rate of pay for every overtime hour.  If this is brought to the employer's attention, and they still refuse to pay what is owed, the employee may bring a civil action to recover the overtime pay, plus reasonable attorney's fees.  There are additional penalties that can also be recovered, including a doubling of the overtime pay owed.  Beyond this, if the mistreatment by the employer is because of the employee's race, religion, nationality, etc., then a discrimination suit may be pursued as well, under the rules of the Department of Fair Employment and Housing.

If your employer or former employer has denied you rest/meal periods or overtime pay, you may want to seek the advice of an Orange County attorney who can help you recover compensation.