The law grants employees various rights pertaining to their work and pay. If an employer has improperly denied you meal and rest breaks in a way that violates wage laws or employer–employee contracts, reach out to an Atlanta meal and rest violation lawyer. At Feldman Legal Group, our employment attorneys help employees understand their rights and pursue legal action where appropriate. While Georgia does not have specific laws requiring meal and rest break laws that employers must follow, employers can still violate an employee’s rights through unfair labor practices.
What the Law Requires of Employers Pertaining to Breaks
Neither state nor federal law mandates that employers provide meal or rest breaks to employees. One exception to this is nursing mothers; employers must provide these employees with breaks to express breast milk. If an employer chooses to offer rest breaks, the breaks usually range from 5 to 20 minutes, and the Fair Labor Standards Act requires them to pay the employees. An employer would not be able to offer a short break to employees but refuse to pay them for that time, whether it is 5 minutes, 20, or somewhere in between. Without specific laws on the matter, the employer decides whether to provide these breaks to their employees.
An employer can offer meal breaks as unpaid time off as long as the meal period is at least 30 minutes. A company would not be able to provide a 20-minute unpaid lunch break, but it could provide a 30-minute one. An employer could even offer employees an unpaid hour-long meal break, but it would become unlawful if they required employees to have work duties at the same time. While many states require employers to provide paid meal and rest breaks, Georgia does not. When an employer does provide such breaks, they must adhere to federal guidelines. It is still possible for an employer to violate their employees’ rights, and advice from an Atlanta attorney could help with violations related to meals and rest.
How Employers Can Violate a Worker’s Rights
Employers might violate an employee’s break rights in many ways, even without explicit laws requiring them. This includes:
- Company policy guarantees meal or rest breaks, but the employer does not honor them
- An employee has an employment contract that promises breaks, but the employer fails to adhere to the contractual agreement
- The employer forces the employee to work through a meal break without pay
- The employer allows for meal or rest breaks, but penalizes employees for taking such breaks through harassment, retaliation, or something else
If you are facing any of these scenarios, you need the assistance of an Atlanta attorney who is familiar with meal and rest violations.
Contact an Atlanta Attorney for Help With Meal and Rest Violations
If your employer has violated your break rights under federal law, contractual agreements, or company policies, an Atlanta meal and rest violation lawyer could help you recover lost wages, damages, and penalties. Our team of experienced lawyers could review company policies and employment contracts, assess whether wage and hour violations have occurred, and file a claim with the U.S. or Georgia Department of Labor.
Feldman Legal Group has the knowledge and skills to negotiate settlements on your behalf or represent you in a lawsuit against your employer. We work hard for our clients and are prepared to take your claim to trial if the situation requires it. Contact us today for a consultation to discuss how we can help you.