Vincent W Davis

Rest periods during the work day

by Vincent Davis on July 22, 2013

Is your employer paying you all you earn?  Many employers try to squeeze extra time out of you without paying for it.  They do this in different ways.  One of the things your employer might do is not let you take a 10 minute rest period approximately in the middle of each four hour shift.

  • The Industrial Welfare Commission requires an employer to “authorize and permit” at least a 10 minute rest period during each four hour shift.
  • You do not “have to” take a rest period, you can forego the rest period and work through, if  you want to, but that choice is up to you.
  • If your employer does not permit you to take all allowed rest periods, then your employer must pay you an additional one hour’s pay at regular rates as compensation for not being able to take a rest period.
  • Regardless of how many rest periods you miss in one day, you only get one hour’s pay for having missed any or all that day’s rest periods.

The problem is, you are entitled to the rest period by order of the Industrial Welfare Commission.  If you are made to work through the rest period, you are putting in time for your employer’s benefit, and he isn’t paying you for your time as the law requires.

The thing is, if your employer isn’t providing rest periods, then he is probably also not following all the law and giving you what you are due.

The Law Offices of Vincent W. Davis & Associates can help you.   If your employer isn’t paying you everything you have earned, we can help you get up to four years worth of unpaid earnings.

We will help you handle your matter by representing you on a contingency fee basis, meaning we will only get paid if we are successful in getting you what you have earned.    There is no need to pay us now, the law provides that if we go to trial and are successful in getting you the wages you have earned, wages that you have a right to, then the employer will have to pay for your attorney’s fees.      And, “contingency fee” means we only earn an attorney fee if we are successful.


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