What to do if my employer is not giving me breaks and often I work over 6 hours without any 10 minute or 30 minute breaks?

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What to do if my employer is not giving me breaks and often I work over 6 hours without any 10 minute or 30 minute breaks?

I have even once worked over 8 hours without a break. There is something wrong with this and I know it can’t be legal. They do not offer a break at all and it is never even mentioned. I am afraid if I start asking for a break I will get my shifts taken from me or worse, terminated.

Asked on June 3, 2012 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, it is against the law for employers in California to deny uninterrupted lunch breaks to employees who work more than five hours a day. It is also against the law for an employer to deny a 10-minute rest for every four hours that you work.  These are called wage and hours laws and there are some employees that are exempt from them.  But many times employers try and classify an employee as exempt when they are not.  I would contact the Department of Labor and file a complaint.  There is something called the whistelblower law that will help prevent retaliation by your employer or if they do retaliate, will help you sue them.  Good luck.


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