REST & MEALS
DIDN’T GET PAID REST AND LUNCH BREAKS?
California law requires that your employer provide you with a 10-minute paid rest break for every 4 hours worked. The employer is not allowed to interfere with your break, cut it short, or ask you to perform work-related tasks during your break. These are your rights, and the law requires the employer to follow the rules.
In addition to rest breaks, you are entitled to a 30-minute paid lunch break for every 5 hours worked. The lunch break can only be waived if you work 6 hours or less. For example, if you work a 7 hour shift, you are entitled to a 10-minute rest break, plus a 30-minute lunch break. If you work a 10 hour shift or more, you are entitled to another 30-minute paid lunch break as well. The second lunch break can also be waived, but only if you work 12 hours or less in the shift.
If you have been denied your rest and lunch breaks, the penalties are serious! Not only are you entitled to your regular wages that your employer has essentially stolen from you, but you are also entitled to a higher calculation, which would include whatever bonuses, commissions, etc. (See Labor Code 226.7(c); and See Ferra v. Loews Hollywood Hotel, LLC.)
Also, there are serious penalties against your employer for not providing you with the rest and meal breaks. You are entitled to recover 1-hour of pay at your hourly rate (see above), for every violation, including both meals, and rest. For example, you can collect two hours of your pay, if you worked an 8-hour shift and were denied a break and a lunch – one hour for the denied break, and one hour for the denied lunch.
Who can file a Chapter 11? One common misconception is that only business can file a Chapter 11 bankruptcy, but in-fact, almost anyone or any entity is eligible. This includes individuals and/or businesses.
Chapter 11 is more suitable and common amongst businesses rather than individuals because it is more costly and far more complex than a Chapter 7 bankruptcy.
Typically, the economics involved in a Chapter 11 do not lend themselves favorably for most individuals with lesser amounts of debt owed, as opposed to higher net-worth clientele with more steady income streams.
What happens to the debt owed? In a Chapter 11 bankruptcy, a plan is created to pay back certain debts by reorganizing the business operations which can be done by renegotiating the obligations, and/or restructuring the assets and liabilities of the company.
The critical difference and feature of the Chapter 11 bankruptcy is that the debtor can remain open and operational while the bankruptcy takes its course. That is why in the Chapter 11, the debtor is sometimes referred to a “debtor in possession.”
During this time, we analyze areas of opportunity in reducing your expenses, making beneficial tax changes, and strategically plan your repayment options.
Non-Exempt: All employees in California are presumed to be non-exempt unless your role or position is one of the following: (Icon of Regular Employee)
Exempt: Administrative (Icon of Administrator), Computer Professional (Icon of Computer or Laptop), Executive (Icon of Man in Suit/Tuxedo), Outside Sales (Icon of Sales), Professional (Icon of Briefcase),
COMMON REST & MEAL VIOLATIONS
