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Meal and Rest Breaks

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San Diego, California, Employment Law Attorneys

Representing Employees When Employers Deny Meal and Rest Breaks

It is far too common for employers to be ignorant — or to feign ignorance — of employment laws such as wage and hour laws. Labor laws that require that workers receive regular meal and rest breaks. All too often, these laws are brushed aside by employers.

State and federal labor and employment laws are designed to keep working conditions tolerable and humane. Meal and rest breaks are necessary to prevent fatigue and allow employees time to decompress from the stress of their job. In some jobs, employee fatigue can directly lead to dangerous conditions for patients, customers or other members of the general public.

Sometimes employers claim that they did, in fact, give employees their allotted meal and work breaks. However, in some instances employers keep written records of meal breaks and rest breaks as required. Or they fail to relieve workers of all duties during meal and rest breaks — instead, allowing or encouraging situations where workers eat on the job. Truck drivers who eat while driving are breaking employment laws, and employers who turn their back on such practices are guilty of wage and hour violations.

Did your employee misclassify you as "exempt" in order to avoid keeping records of your meals and rest breaks — when in fact, you did the work of an hourly employee? Whatever your concerns or situation, talk to an experienced San Diego employment lawyer to learn whether your case warrants a lawsuit — or whether you can join an already existing class action lawsuit. You may be entitled to back pay to compensate you for unpaid and unauthorized meal and rest breaks. Call or e-mail the law firm of Keegan & Baker, LLP, to schedule a compensation.