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Meal and Rest Period Violations

For the presumptive, non-exempt employee, an employer is required to provide the opportunity to take 30 consecutive and uninterrupted minutes for lunch when the employee’s shift is in excess of six hours in a given day. The meal period should not be taken after the fifth hour of work. If the employee works a ten hour shift, he or she may be entitled to a second, 30-minute meal period.

Likewise, employers are obligated to authorize and permit rest periods for every four hours worked or “major fraction thereof.” These 10-minute rest periods are to be paid (while the employee is still on the clock). However, there can be many exceptions or other factors which can change an employer’s obligations.

It is always recommended that you consult with an attorney competent in these areas in order to determine the merits of your case.