Meal & Rest Period Violations

Most employees are entitled to receive at least a 30 minute lunch period and two 10 minute rest periods every 8 hour shift at work. The law regarding employee’s meal and rest periods has undergone some major developments in the past year.

The California Supreme Court’s decision in Murphy v. Kenneth Cole Productions, Inc., 40 Cal. 4th 1094 (April 16, 2007), was a big win for employees. Before this case was decided, employers argued that they only had to pay limited penalties for a very short period of time for their failure to provide employees their legally mandated meal and rest periods. The Court in the Murphy v. Kenneth Cole case decided that employees were entitled to an additional one hour of wages every day that their employer failed to provide a meal or any rest period to employees. Additionally, Employers would have to pay these wages for the past 4 years worth of violations.

If you or anybody you know is not currently receiving their meal and rest periods or if they have not received their breaks at anytime within the past 4 years, please contact Attorneys Eric M. Overholt or Michael Ian Rott at 619 296-5884 or by email at eoverholt@hrollp.com or mrott@hrollp.com at Hiden, Rott & Oertle, LLP.