Am I Owed Overtime or Missed Break Pay in California?

California maintains some of the strongest worker protections in the United States, including clear wage and hour laws. Despite these safeguards, many employees still face wage theft in the form of unpaid overtime, missed breaks, or off-the-clock work. If you suspect your paycheck does not reflect the hours you actually worked, you may have a case for compensation under California law.

At Olivier & Schreiber PC, our attorneys have significant experience representing workers across California who have been denied their lawful wages. We are here to help you identify common violations and understand when you may be entitled to additional compensation.

What Are California’s Meal and Rest Break Rules?

California law is strict regarding meal and rest periods for non-exempt employees and sets clear expectations for employers.

Meal Period Requirements

If you work more than five hours in a day, your employer must provide an unpaid, duty-free meal period of at least 30 minutes. You must receive a meal break before the end of your fifth hour of work. If you work more than 12 hours, you are entitled to a second 30-minute meal period.

Rest Break Rules

Unlike meal breaks, rest breaks are paid time. You are entitled to a 10-minute rest period for every four hours worked (or “major fraction thereof”). This means that shifts between two and six hours require one rest break, while shifts between six and 10 hours require two. As far as is practical, the rest breaks should be in the middle of each work period.

Premium Pay for Violations

If your employer fails to provide a compliant meal or rest period, they owe you one additional hour of pay at your regular rate for each workday a violation occurs. This is known as “meal period premium pay.”

Is Off-the-Clock Work Compensable?

“Off-the-clock work” involves any work done by non-exempt employees outside of regular working hours. This includes all time you are permitted or authorized to work, regardless of whether the employer specifically requested it.

Common examples of off-the-clock violations include putting on or taking off specialized protective gear while on the premises or answering work emails or phone calls after your shift has ended. If your employer controls your time or requires specific tasks, that time generally must be compensated. In addition, if that time would be classified as overtime, it must be paid as such.

When Is Travel Time Paid?

In California, the rules for compensating travel time depend on the nature of the travel.

• Ordinary Commute: Time spent traveling from your home to your regular workplace is usually not compensable.
• Compulsory Travel: If your employer requires you to meet at a specific location to take employer-provided transportation to a worksite, that travel time is compensable.
• Worksites: If you are required to travel to a distant worksite that is not your usual location, the time spent traveling in excess of your normal commute may be compensable.

Understanding these nuances can help you protect your right to compensation.

You Deserve Your Hard-Earned Wages

Wage and hour laws can seem complicated, but your right to fair pay is clear. If your employer has denied you breaks, failed to pay overtime, or required off-the-clock work, you may have a claim for both back wages and penalties. In these situations, we invite you to contact Olivier & Schreiber PC today for an initial consultation. Our experienced employment law attorneys can evaluate your situation and help you determine the best path forward to recover the compensation you deserve.