The following are the labor rules regarding overtime. If you feel that your rights have been violated with respect to any of the following rules don't hesitate and contact a Los Angeles labor lawyer at Elite Law Partners for a free consultation.
- If an employee is subject to work over 8 hours a day, more than 40 hours a week, or 8 hours on the seventh day of work in any one workweek, the employee must be compensated at "the rate of no less than one and one-half times the regular rate of pay for an employee." Cal Lab Code § 510.
- If an employee works "in excess of 12 hours in one day," the employee must be compensated "at a rate of no less than twice the regular rate of pay for an employee." Cal Lab Code § 510.
- If an employee works in "excess of regular hours [generally more than 8 hours] on any seventh day of a workweek," he/she shall be compensated at the rate of no less than twice the regular rate of pay of an employee." Cal Lab Code § 510.
Overtime, Rest Breaks and Meal Breaks - Los Angeles Labor Lawyer
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The following are the labor rules regarding rest periods and meal breaks. If you feel that your rights have been violated with respect to any of the following rules don't hesitate and contact a Los Angeles labor attorney at Elite Law Partners for a no hassle free consultation. As always, we work on contingency, which means no win, no fee.
- Employers "shall authorize and permit all employees to take rest periods" at a "rate of ten (10) minutes net rest time per four (4) hours" of work. 8 CCR 11010. A rest period "need not be authorized for employees whose total daily work time is less than three and one-half (3) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages." 8 CCR 11010.
- If an employee works over 5 hours a day, he/she is entitled to a 30-minute meal break. Also, if an employee is employed for "a work period of more than 10 hours per day," the employer is to provide the employee "with a second meal period of not less than 30 minutes." Cal Lab Code § 512. If an employer "fails to provide an employee" a meal period, the employer "shall pay the employee one (1) hour of pay at the employee's regular rate of compensation for each work day that" the meal period is not provided. 8 CCR 11010, Cal Lab Code § 226.7.
- Meal Periods for an employee are ordinarily 30 minutes, during which the employee is completely relieved from duty for the purposes of eating regular meals. 29 CFR 785.19. An employee is "not relieved if he is required to perform any duties, whether active or inactive, while eating. For instance, an office employee who is required to eat at his desk or a factory worker who is required to be at his machine is working while eating." 29 CFR 785.19. Similarly, if an employee is called back into work during his/her lunch break, then the interruption must not be counted towards the lunch break.
Rest Periods and Meal Breaks - Los Angeles Labor Attorney
Overtime, Rest Breaks and Meal Breaks - Employment Lawyer in Los Angeles
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According to the California Labor Code and in Wage Orders/Fair Labor Standards Act (FLSA) workers have certain rights. In order to reduce the physical toil that could befall workers if employers were not burdened with employment regulations, the legislatures devised some minimum requirements for issues such as overtime, rest breaks, and meal breaks. These laws are quite specific in order to protect the rights of workers across the state. You may need an employment lawyer in Los Angeles and you may not even know it. An Elite Law Partners employment lawyer can help you determine if you have a labor lawsuit involving a violation of the labor laws and standards in California.