Does Your Employer Follow Lunch Break and Overtime Laws?

Bar Association ApprovedSome employees are too busy to take a lunch break. Some even stay at work for long hours. Dedicated employees often get cheated out of their hard earned wages. Employers often ignore lunch break and overtime pay laws and capitalize by violating employees' rights.

If your employer is not compensating you for overtime hours or not giving you proper lunch breaks, they are violating the Fair Labor Standards Act (FLSA) and other wage and hour laws. In California, non-exempt employees that work at least 5 hours are entitled to 30 minutes of unpaid and uninterrupted meal breaks. They must also receive a 10 minute rest period for every 4 hours of their shift.

Employees that are paid by the hour must be paid time-and-one-half for overtime work. Salaried employees are also entitled to overtime pay. Many employers misclassify their employees as "managers" to avoid paying overtime. Loan officers, stock brokers, managers, sales agents, computer programmers and others are typically misclassified so they can be exempt from overtime wages.

Keep in mind that you are entitled to receiving overtime if:

Unfair labor practice claims often go beyond just one employee; these practices typically occur company-wide. It can be difficult and sometimes frustrating to recover wages from an employer. In most cases, employers defend themselves by stating that they simply overlooked payment and don't admit to a wage and hour violation. But the fact is that employers are held accountable for unpaid wages and employment attorneys can help resolve unfair labor practices quickly.

Employment attorneys who have experience with wage and hour violations look into what type of job was involved, how many hours you worked and how much you were paid for doing that work. Employment lawyers can help you find out what your options are for getting fair compensation. They can also represent you in settlement negotiations and litigate disputes.

If you have been denied overtime pay, breaks, or have been unjustly classified as exempt, contact Attorney Search Network to speak to an experienced employment attorney today.


If you have any questions about the information provided above, please contact Attorney Search Network.

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