Meal Periods

Unpaid Meal Breaks

In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. A second meal period of not less than thirty minutes is required if an employee works more than ten hours per day, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived.

Unless the employee is relieved of all duty during his or her thirty minute meal period, the meal period shall be considered an “on duty” meal period that is counted as hours worked which must be compensated at the employee’s regular rate of pay. An “on duty” meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty. The test of whether the nature of the work prevents an employee from being relieved of all duty is an objective one.

If the employer requires the employee to remain at the work site or facility during the meal period, the meal period must be paid. This is true even where the employee is relieved of all work duties during the meal period.

If an employer fails to provide an employee a meal period in accordance with the above, the employer must pay one additional hour of pay at the employee’s rate of pay for each workday that the meal period is not provided.

California Unpaid Rest Breaks And Meal Periods Lawyers

With more than 40 years of combined legal experience, the attorneys at Righetti · Glugoski, P.C., have the skills and knowledge to help you recover compensation from your employer for common labor law violations such as unpaid meal breaks and unpaid break time. From our offices in San Francisco, our firm represents individuals throughout California, from Oakland to Sacramento to Los Angeles and San Diego.

We Offer Free Consultations And Contingency Fees

If you and your co-workers have been denied appropriate meal breaks or rest breaks or have other pay disputes, we encourage you to contact us. Your consultation is free and we do not charge any attorneys’ fees unless we recover compensation for you.

Call us at 415-983-0900 or toll-free at 800-447-5549. You can also contact us online to learn more.

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Testimonials

"The Court is satisfied that class counsel has capably represented the class in a manner which has resulted in a settlement well received by the class and which has been approved by this court. This case presented untried issues of law."
Circle K Overtime Cases, JCCP 4267, Order on Final Approval of Class Action Settlement, Honorable William F. McDonald
"Class counsel have extensive experience litigating class actions, particularly in the area of labor and employment, and prosecuted this matter efficiently and with a high degree of professionalism. Class Counsel's costs in prosecuting this Action are hereby approved as reasonably incurred."
Lopez et al. v. Euromarket Designs, Inc., (d/b/a Crate and Barrel), Case No. BC436515 on Final Approval of Class Action Settlement, Judge Soussan G. Burguera
"Class counsel capably represented the class in a manner which has resulted in a settlement well received by the class and which has been approved by this Court. This case presented issues of law which are hardly settled in the field of wage and hour litigation and the Court recognizes that the attorneys for the class worked diligently and responsibly for the interests of the class members."
Groves et al. v. Ross Stores aka "Ross Dress for Less Stores", Case no. RG 04183362 on Final Approval of Class Action Settlement, Honorable Steven Brick
Mike and his team did a great job representing me in my case. He was professional, timely, and reliable. My wife and I are grateful for his hard work and dedication to my case. I highly recommend him. Thank you Mike.
R.K.
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I would like to express my deepest appreciation and gratitude for the outstanding work that Mike Righetti has done. He was very professional, prompt, knowledgeable and handled my case with uppermost concern, responsibility and involvement. I would strongly recommend him as your attorney. My family and I are forever thankful that we found the Righetti & Glugoski P.C. law group to manage my case. They are truly the best at what they do.
J.K.
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I recently had a issue I needed guidance with regarding exempt/non-exempt classification with a previous employer. I had not been paid for overtime hours that I had worked, prior to leaving the company. I contacted Righetti Glugoski, and quickly spoke to Matt Righetti. I was very pleased at how comfortable he and his staff made me feel. He kept me informed along every step of the way, and the whole process was very transparent. In a very short period of time, Mr. Righetti not only got me the compensation I was entitled to, but he was also able to get me penalties and fees that were owed as well. My entire experience with Matt and his firm was amazing, and I couldn't have been happier. I would highly recommend Matt and the Righetti Glugoski law firm to anyone who needs representation with a labor issue.
N.V.
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Mike was an attorney that went above and beyond for my family and I. He was dedicated and sensitve to my situation always. He fought for me even when I was tired of fighting for me. To him and all his staff I truly am so thankful.
K.D.
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Mike Rigetti was great to work with. Would recommend this firm for sure.
K.R.
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