Berger & Montague, P.C. is investigating potential class
action lawsuits on behalf of California workers who were not given
proper meal and rest breaks.
Under California law, non-exempt workers are entitled to meal
and rest breaks. However, this does not include farm workers,
domestic workers, or personal attendants.
Meal break laws:
- 5+ Hours = 1, 30 Minute Break: If you work for
five hours or more per day, you are entitled to a thirty-minute
meal break. The meal break can be waived if you work no more than
six hours per day and you and your employer both consent to
- 10+ Hours = 2, 30 Minute Breaks:
If you work for ten hours or more per day, you are entitled to a
second thirty-minute meal break. The meal break can be waived if
you work no more than twelve hours per day, you and your employer
both consent to it, and you did not waive your first meal
- You must be paid for your meal breaks unless you are relieved
of all duties during your break.
- You must be paid for your meal breaks if you are required to
remain at your work site or facility during your break.
Rest break laws:
- You are entitled to a ten-minute break for every four hours you
- A rest break is counted as time worked, therefore you must be
paid for your rest breaks.
Am I required to take a break? No.
While deciding a case about meal and rest breaks in 2012, the
California Supreme Court found that employers are not required to
police employees to ensure they don't work during a break. As long
as employers offer employees one or two thirty-minute breaks
(depending on how many hours they work) and allow employees to
leave the worksite, the employer has met their meal break
California work break settlements
Numerous California work break class action lawsuits have
settled over the past several years:
- Starbucks: In May 2013, Starbucks
Corp. agreed to pay $3 million to resolve a class action filed by
workers in California alleging the company denied them required
- FedEx: In August 2014, FedEx Corp.
agreed to pay $2.1 million to settle a proposed class action filed
by a group of current and former package handlers who alleged the
company failed to provide proper meal and rest breaks.
- AlliedBarton: In December 2015,
AlliedBarton Securities Services LP agreed to pay $11 million to
settle claims that the company violated various California state
laws by failing to provide their security officers with meal and
If you are a California worker and do not receive proper meal
and rest breaks, contact Berger & Montague. You may be able to
file a class action lawsuit.
Do I have
to pay to consult with an attorney?
We are happy to talk with you about your potential claims free
of charge. If we decide to represent you in a lawsuit, we will
enter into a written contingent fee agreement with you. A
contingent fee agreement means we only get paid if we win, and that
we will receive our fees from the amount paid by the Defendant in
Please contact us to discuss the details of your case. You
- Use the contact form on this page ("Inquire About Your
- Email email@example.com
- Call (800) 424-6690
Related information About Employment Law
Stay updated and follow us on: