Missed, Late or Short Meal Breaks
By the start of the fifth hour of your shift at work, you are required to receive a 30-minute, duty-free meal break.
If you miss the break, or are called back to work during the half hour or perform any work-related tasks during that time, such as working from your desk or answering a customer’s question, the law is broken and you need to be paid one extra hour of pay for that day.
The strongest meal break violation cases involve:
- Employees not receiving a break at all,
- Employees having their break interrupted, or
- Employees receiving their break too late in the day (i.e., after the start of the fifth hour).
These cases are most common in companies that schedule appointments so tightly that there is no opportunity to take a break, for employees in field positions who are driving from point A to point B and cannot stop, or for employees who go through security checks that cut down their meal period to below a half hour.
Marc Phelps works hard to ensure that his clients’ rights are protected and companies are held accountable for their actions. If you have reason to believe your company has made meal break violations, contact Marc for a free case evaluation.