California Labor & Employment Law - Latest Comments

Re: What Break Periods Am I Entitled To?

Ajohnston — Sat, 28 Jan 2012 04:33:09 -0000

Hi I work at an assisted living facility. I work 8 hours a day (sometimes 12 hours). I am new to the work world so I'm not sure if the company I work for can do this but I work 8 hours with no breaks. We are supposed to "eat when we can" and we aren't supposed to be caught sitting down. Usually I don't have time to eat or sit during my shift, especially if I work the AM shift. We do get paid for all 8 hours, but staying inside a house for 8 hours without being able to leave is making me crazy!

Re: What Break Periods Am I Entitled To?

Dluna1234 — Fri, 27 Jan 2012 18:00:50 -0000

I work part time for for 5 or sometimes 6 hrs. Do i get a paid rest/meal break?

Re: What Break Periods Am I Entitled To?

23uh — Fri, 27 Jan 2012 13:29:34 -0000

no! didnt you just read above? ^^

Re: What Break Periods Am I Entitled To?

kat — Thu, 26 Jan 2012 06:27:20 -0000

Hi,I'm a new manager at clothing store. we have two work shifts, 9:30am-3:00pm, 5.5 hours and 3:00pm-9:00pm, 6 hours. we now take 15min break after 3hours work. my co-works don't want to take 30min un-paid break but my boss didn't get to waive for 30min-unpaid break.
I have to know what we have to right rest time, and meal break time.
somebody helps me, please!!!

Re: What Break Periods Am I Entitled To?

kef — Thu, 26 Jan 2012 06:07:42 -0000

I hope shes not still there. I would be willing to bet that even though they aren't getting those breaks, the manager is editing them in. The biggest thing in favor of the crew is if those time edits aren't documented and signed by both employee and manager.

Re: What Break Periods Am I Entitled To?

kef — Thu, 26 Jan 2012 06:05:23 -0000

they cant dock your pay or edit time out for that raeson and if they do it is supposed to be documented and signed by you and manager who edited.

Re: What Break Periods Am I Entitled To?

kef — Thu, 26 Jan 2012 06:03:09 -0000

I wouldn't want to go on that break. You lose out on the half hour overtime. They are shooting themselves in the foot right there. I mean... they are paying right? That is the law... if you sign the agreement it turns into an on duty paid lunch.

Re: What Break Periods Am I Entitled To?

kef — Thu, 26 Jan 2012 06:00:35 -0000

If you both agree yes, but most employers will still make you take a meal break to save on labor.

Re: What Break Periods Am I Entitled To?

kef — Thu, 26 Jan 2012 05:59:28 -0000

geez i hate when employers try to get away with that garbage

Re: What Break Periods Am I Entitled To?

kef — Thu, 26 Jan 2012 05:58:54 -0000

wow... illegal. the rest break is required to be paid and all hours worked must be paid but over 3.5 hours isn't overtime though.

Re: What Break Periods Am I Entitled To?

kef — Thu, 26 Jan 2012 05:56:13 -0000

If they are paying you, they can specify this and can also tell you you can't go to your vehicle on your paid rest break I believe.

Re: What Break Periods Am I Entitled To?

kef — Thu, 26 Jan 2012 05:54:34 -0000

most employers dont allow it, especially if your in a customer service position it would be unprofessional to be using your cell phone when you should be helping customers. where i work only managers can have cell phone for in case the phones go down and an employee needs to call.

Re: What Break Periods Am I Entitled To?

kef — Thu, 26 Jan 2012 05:50:59 -0000

I think its preferred you do that on your rest break but I think suspension is a bit much. I'd find a different job. Employers sometimes let the power go to their heads.

Re: What Break Periods Am I Entitled To?

kef — Thu, 26 Jan 2012 05:46:47 -0000

I hope this employee is gone now after a year. They should never be given the upper hand. They work for you. If she's late, write her up. After 3 write ups.. terminate her. If you send her on a break and she refuses... send her home. You'll have to pay SMP if its before the half way point of her shift (if you send someone home early you have to pay them for half the scheduled shift unless they volunteer to go home... so if its an 8 hr shift you have to pay 4 hrs no matter what.) If she continues to refuse, terminate her. Document EVERYTHING.

Re: What Break Periods Am I Entitled To?

kef — Thu, 26 Jan 2012 05:26:36 -0000

Thank you.

Re: What Break Periods Am I Entitled To?

kef — Thu, 26 Jan 2012 05:23:53 -0000

This is something we are having a big showdown about where I work. I was told in a conference call with our HR that in CA if we give you a half hour lunch 1 hour into your shift and you still have 7 hours to go, we have to give you yet another half hour lunch in 5 hours. not really a convenient option there. I'm actually trying to find documentation on it for a meeting about a manager who is sending an employee on a break after 1 hour, then a 1 hour lunch 20 minutes later in an effort to save on labor. Most of us are crying foul. I'm not having any luck so far with specifics regarding it though.

Re: What Break Periods Am I Entitled To?

kef — Thu, 26 Jan 2012 05:18:44 -0000

any alteration to your time is supposed to be documented and signed by you and the manager.

Re: What Break Periods Am I Entitled To?

kef — Thu, 26 Jan 2012 05:17:13 -0000

They aren't allowed to keep you longer than your schedule says unless you agree to it.

Re: What Break Periods Am I Entitled To?

kef — Thu, 26 Jan 2012 05:16:06 -0000

Yikes.. thats dangerous. I think there are laws specifically for pregnant women to protect them. You really should get a hold of the labor board in your city.

Re: What Break Periods Am I Entitled To?

kef — Thu, 26 Jan 2012 05:14:56 -0000

You shouldn't be doing any work off the clock at all.

Re: What Break Periods Am I Entitled To?

kef — Thu, 26 Jan 2012 05:11:37 -0000

Not required? Then why are employers forced to pay SMP if you don't provide a rest break within the guidelines laid out? I think your answer is either wrong or you misunderstood the question.

It clearly states at the top of the page here:

"Your boss must give you a rest break of at least 10 consecutive minutes for each 4 hours worked."

"Rest breaks must be paid."

" If your boss doesn’t comply with break requirements, they are required
to pay you one extra hour of regular pay for each day on which a break
violation occurred."

So I have to ask... if its not required then why does it say MUST GIVE YOU A REST BREAK? Clearly the answer is yes they should be getting the 1 hr smp for each day they have a break requirement violation. UNLESS... they fall under the on duty provision which that part confuses me so I wont even go there.

Re: What Break Periods Am I Entitled To?

kef — Thu, 26 Jan 2012 04:48:33 -0000

I think you fall into that category of on duty lunch which I think is supposed to be paid because you cant leave your work area and no one can cover you to leave as well.

Re: What Break Periods Am I Entitled To?

kef — Thu, 26 Jan 2012 04:43:47 -0000

Those situations are confusing to me. Where I work we have it in writing and they feel they can exercise that agreement whenever they want to save from having extra help on hand to cover your lunch. However I've been told those agreements can't be a blanket agreement for the rest of your employment and that you have to sign a new agreement each time you work if they choose to implement them. I'm really not sure what to think but I would lean towards the second version.

Re: What Break Periods Am I Entitled To?

kef — Thu, 26 Jan 2012 04:40:41 -0000

Actually for that length of shift you should be getting two 10 minute "PAID" rest breaks as well as your hour lunch. They can't lump it into the hour lunch because for one the lunch isn't paid and secondly those rest breaks are supposed to be scattered throughout your shift like say after 2 hours you get your first 10, at 1 you get your hour lunch, at 4 you get your final 10.

Re: What Break Periods Am I Entitled To?

kef — Thu, 26 Jan 2012 04:36:26 -0000

In California? Totally illegal and if he takes time off of your hours you have to sign a time card edit sheet approving it. I dont think you even get a paid rest break for 3 hours.