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Denied Lunch Breaks

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Does an unmanageable workload make it difficult or impossible for you to take a lunch break? Has your employer denied you rest breaks throughout the day?

In California, employees who work more than five hours a day are entitled to a 30-minute uninterrupted lunch break. Additionally, these employees are also entitled to a 10-minute break every four hours. Employees who work at least 10 hours or more a day are entitled to an additional 30-minute lunch break.

If you have consistently been refused lunch or rest breaks at your place of work, your employer may be in violation of California and federal employment laws. You may be eligible for unpaid overtime back pay — one hour of pay for each lunch break that you were denied. You may also be entitled to penalties under the California Labor Code. You may also be misclassified as an exempt employee, meaning that you may be incorrectly classified as ineligible to receive overtime pay.

Contact A San Jose Workers’ Rights Attorney

To learn more about pursuing a potential wage and hour claim against your employer for denied lunch breaks, talk to an employment lawyer from the Navarette Law Firm. Call our San Jose office at 866-994-2378 (BEST) or contact us via email to schedule an initial consultation.

Meet Arthur Navarette, Esq. »
  • Navarette Law Firm, 1992-Present
  • Judge Pro Tem Superior Court, 1996-2006
  • Prudential and John Hancock Legal Departments, 1989-1992
  • UCLA School of Law, 1985-1989
  • Xerox, Motorola, IBM, 1982-1985
  • University of California, Berkeley, 1979-1982

Awards & Accolades

  • WHO's WHO | In executives and Business
  • Santa Clara County Bar Association
  • CELA
  • STANFORD WHO's WHO
  • Santa Clara County Trial Lawyers Association
  • Straus Institute For Dispute Resolution Ranked #1 in the Nation for the Eighth Year in a Row.
  • NELA Advocates for Employee Rights National Employment Lawyers Association
  • Avvo Rating 9.8 Superb Top Attorney Sexual Harassment
  • Avvo Clients’ Choice 2014 Employment

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