California Labor & Employment Law - Latest Comments

Re: Should Workers Be Paid for Answering Emails After Hours?

Cody — Wed, 01 Mar 2017 15:56:34 -0000

If you are a non-exempt employee, is it considered working if you check and respond to your blackberry after hours? Or make work-related phone calls on a personal device?

Re: What Break Periods Am I Entitled To?

Debbie Perfetto — Tue, 28 Feb 2017 22:53:24 -0000

Can you work through lunch and just get an extra hour pay....?

Re: Leave Rights in California: Part 1

Kia Silliman — Mon, 27 Feb 2017 02:35:05 -0000

I've been working for my job for 5 months now, and when flu season hits, it hits hard. I work in sports with children, so my chances of getting sick are even higher than most. I was not feeling my best one day, and started experiencing flu-like symptoms (chills, nausea). I threw up 3 times at work that day, was expected to stay through the remainder of my classes, and come in the next day even if my symptoms were the same or worse. If I chose to stay home and did not receive a dr's note, but was experiencing the same symptoms they made me work through the day prior, are they justified for punishing me, or does that fall under an "unhealthy/unsafe work environment?

Re: What Break Periods Am I Entitled To?

guest — Sun, 26 Feb 2017 12:54:52 -0000

by CA law can your employer make you clock out for breaks if you remain on work grounds?

Re: What Break Periods Am I Entitled To?

pwe pew — Sat, 25 Feb 2017 16:39:00 -0000

only if you go to your car

Re: What Break Periods Am I Entitled To?

Ana G. Monico — Sat, 25 Feb 2017 12:21:54 -0000

You are entitled to 2 minute breaks and a 30 minute break. First 10-15 minute between 8-8:30am, lunch at the 5th hr. between 11-11:30 and the second 10-15 minute between 1-1:30pm. That's how's done if you follow the labor laws.

Re: Can My Boss Fire Me at Any Time for Any Reason? What is “at will”?

Bender Rodriguez — Fri, 24 Feb 2017 17:30:31 -0000

Your question conflicted itself at the end. Who can answer such a confusing question?

Re: What Break Periods Am I Entitled To?

guest — Thu, 23 Feb 2017 19:45:42 -0000

Do you have to clock out for a break (not talking about lunch break) in California??

Re: What Break Periods Am I Entitled To?

Donald Jones — Wed, 22 Feb 2017 08:17:31 -0000

Hi I work 10-hour days 4 days a week my schedule is 5 a.m. to 10 a.m. and I get a 10 minute break then my lunch is at 12- 12 :30 and I go home at 3:30 that's seven hours until my lunch what should I do or can I do anything

Re: What Break Periods Am I Entitled To?

veronika sanchez — Tue, 21 Feb 2017 13:26:20 -0000

I always take a lunch after 3 hours of working in a 8 hour day. Is there a law that is against that.

Re: What Break Periods Am I Entitled To?

Guest — Sun, 19 Feb 2017 21:01:26 -0000

I work at a restaurant and my employer makes us take our breaks the minute we walk into work. They even made our start times 30 mins sooner to adjust for that. Can they make us take our break that early? I thought I remembered a law about not being able to take a break until the 2 hour of working mark. Am I mislead in that?

Re: What Break Periods Am I Entitled To?

tentoes — Thu, 16 Feb 2017 13:20:01 -0000

Typically it's 8 hours of rest between shifts... but that doesn't count the time it takes to get home, go to bed, wake-up, shower and drive back in to work... :/

Re: What Break Periods Am I Entitled To?

Tabitha MacAlpin — Sun, 12 Feb 2017 00:06:08 -0000

I worked 7 hours by myself how illegal is that?

Re: Sexual Harassment in California

C W — Fri, 10 Feb 2017 20:12:56 -0000

A friend of mine has recently found herself in a predicament and wants to know if she still has rights. She is a supervisor and engaged in an off work relationship with a subordinate. Things have ended and he has threatened to tell everyone, barged in her office on multiple occasions to demand a raise, threaten her not to tell anyone, and force her to kiss him. He's cursed at her, and cornered her demanding his "stuff back". Today he followed her through offices. As she tried to escape, he blocked the door, grabbed her arm so she screamed for an employee to help. The guy cursed her and took off. She doesn't feel she can fire him or has any rights since she as a supervisor allowed a relationship to happen. What can and should she do?

Re: What Break Periods Am I Entitled To?

Stacey Wadsworth — Thu, 09 Feb 2017 16:23:05 -0000

I worked 8 hrs a day for this company some days I didn't get my 10 min break is that legal

Re: What Break Periods Am I Entitled To?

Robert A Johnson — Wed, 08 Feb 2017 13:21:32 -0000

I an employee works an 8 hour shift with a rest break after 2.5 hours and a lunch break after 5 hours, are they entitled to a second rest break with only 3 hours left to work after lunch?

Re: Sexual Harassment in California

Michael Lake — Tue, 07 Feb 2017 21:30:06 -0000

So I filed a sexual harassment report reguarding an individual who was sexually harassing a female employee. My report included a request at the bottom telling the employer to not disclose the report to the reported individual. They DID give/show said report to the individual now I'm being harassed by him. What is the law reguarding the handling of sexual harassment reports? Do I have a legal recourse?

Re: What Break Periods Am I Entitled To?

Jason Koo — Tue, 07 Feb 2017 12:30:17 -0000

I have one employee who has 7 1/2 hour shift. Am I required to give only one or two breaks? We pay based on 15 minute increaments.

Re: What Break Periods Am I Entitled To?

Minde Ornelas — Mon, 06 Feb 2017 15:30:15 -0000

I am the director of a preschool. During the children's nap time the teachers rotate their lunch breaks, where by state staff ratio laws the number of children to staff doubles. Can I require my teachers to remain on the premises during their break time? This insures that in the even of an emergency like fire alarm, earthquake or other safety issue their are the correct amount of teachers for safety purposes in the classrooms. That means the staff must go back to the children and attend to safety concerns and/or assist them to evacuate, etc.....

Re: What Break Periods Am I Entitled To?

ashley martinez — Mon, 06 Feb 2017 04:10:16 -0000

I work as a full-time security officer. My employer recently announced that officers can no longer leave the premises for breaks. We take one 15-20 minute long "rest break" per shift, since we waived our meal breaks/agreed to on-duty meal breaks upon being hired. I know California law states that an employer can require employees to remain on site during rest breaks but the situation that confuses me is this: if an employee has not been relieved for over 5 hours, would they legally be entitled to a 30-minute meal break in which they can leave the job site? Or does the on-duty meal break apply here as well? Thanks!

Re: Background Checks — What Are My Rights?

MS — Sun, 29 Jan 2017 01:08:28 -0000

I applied for a job for humanitarian and human rights activists, I had my interview it went very well, then Laura who was interviewing me offered me a job saying that she would like for me to proceed with the organization that I fit perfectly, but when the question came, background check any criminal record, I mentioned to her that I had a misdemeanor, I wrote down explaining my case, she gave me few papers to take home and said I'll call you if I need any more information, one month I haven't heard from them imagine human rights organizations!! Was there discrimination if she offered me a job the after I mentioned my misdemeanor never heard again..

Re: Filing a Discrimination Complaint in California

Ga — Tue, 24 Jan 2017 14:44:59 -0000

So I work in a fine dining steakhouse. I work behind the bar where all my coworkers are Hispanic and bilingual. My bar manager is as well. They constantly converse in Spanish. My manager will also constantly come back and speak Spanish to my coworkers as a whole. I am the only one who doesn't speak Spanish. It makes me feel extremely uncomfortable and I also know on one occasion my manager was speaking badly about me in Spanish behind bar to one of my coworkers. Is this legal?

Re: What Break Periods Am I Entitled To?

Michael Tran — Tue, 24 Jan 2017 13:30:11 -0000

is it mandatory to take a hours lunch ? My boss said I need to take a hour lunch when I only take 30min lunch . I work 8 hours on a daily.

Re: What Break Periods Am I Entitled To?

Sam — Tue, 24 Jan 2017 11:24:26 -0000

I work P/T and usually work fro 4:30 and get off at 10pm,lately my schedules have been "adjusted to close at 10 pm one day and open the next day at 6am,is there such a law that states a minimum of "rest hours" before starting the next shift ?

Re: Sexual Harassment in California

Mae — Tue, 24 Jan 2017 07:44:23 -0000

I have been accused of doing drugs by a co worker.not once but several times. She has nothing to back up her lies and accusations and my boss wont do anything about it.. There are only 3 employees where I work .ive insisted he give us all drug tests because i will pass it..but he wont do it..she is telling not only the boss but customers as well. What can i do??