We have all had jobs where we worked non-stop for an entire shift. Fortunately, there are laws in place to protect employees from this unfair treatment.
Under California law, your employer must allow you to take a 10 minute paid, uninterrupted rest break for every 4 hours you work. If your employer is not allowing you to take these paid breaks, your employer is required to pay you one additional hour of pay at your regular rate for each day that a rest period is not allowed.
Also, if you work more than five hours in a day, you are entitled to a meal period of at least 30 minutes. You may leave your work premises for this meal period. If this meal period is not permitted, your employer must pay you an additional hour of pay at your regular rate for each day a meal break is not provided.
There is, of course, a catch. If your employer can demonstrate that your position meets the requirements for an exemption under the wage and hour laws, then these breaks can be withheld by your employer. You may be an “exempt” employee if: (1) you are paid two-times the minimum wage annually, and (2) if 50% or more of your time is engaged in managerial duties (hiring, firing, setting employee schedules, etc.), purely administrative duties, or professional duties (attorneys, doctors, dentists, architects, accountants, etc.).
California law prohibits your employer from retaliating against you for filing a complaint about possible wage and hour law violations. If you have been deprived of the protections provided under these laws or have questions about other employment laws in California, do not hesitate to contact Silldorf & Levine, LLP.