Today, we will look at how to claim compensation for violations of rest and meal break rights.

How to Claim Compensation for Rest and Meal Break Violations

Employees who have been denied their legally entitled rest or meal breaks generally have three options:

1.Attempt Informal Resolution with the Employer
The employee may first try to resolve the issue informally by speaking directly with their employer.

2.File a Lawsuit Against the Employer
The employee may pursue legal action by filing a lawsuit in court.

3.File a Wage Claim with the California Division of Labor Standards Enforcement (DLSE)

The employee may submit a wage claim with the DLSE, which enforces California labor standards.

Unfortunately, many employers are reluctant to resolve wage disputes informally with their employees—even though litigation can be time-consuming and costly for all parties involved.

Compared to filing a lawsuit, submitting a claim through the DLSE poses less risk and cost for the employee. The Labor Commissioner may also issue a citation to the employer for the violation, and the resulting penalties may be paid directly to the affected employee.

The best course of action depends on the specific circumstances of each case. Therefore, it is strongly recommended to consult a labor law attorney before proceeding. Important deadline reminder: Whether filing a claim with the DLSE or initiating a lawsuit, you must take action within three years from the date the violation occurred. Don’t miss this deadline.

JUSTICE FOR WORKERS, P.C. is a law firm dedicated exclusively to representing plaintiffs, that is, workers, in matters related to labor law and workplace injuries. For a free consultation, please contact us at (323) 922-2000. We have offices located in both Los Angeles and Orange County. If we take on your case, you will not be required to pay us anything unless and until we secure compensation on your behalf.