2. I was also not allowed to take any of my ten minute breaks. If you are a supervisor, you may fall under the supervisor exemption, otherwise known as the executive exemption. So I guess the employer would have to ask themselves if it’s worth the risk (to not pay), or if they should just pay the penalty hour, or if it’s not worth the risk or pay and to tell the employee that the employer must follow the law. 12–6:15 must be one rest break and one meal break (paid 5.75 hours of work). You should be paid for it if that time is taken from you. The question of whether employers must ensure breaks are taken or must simply provide breaks has been a source of significant litigation in both federal and state courts. But I don’t want to work, I’m tired from the work week, and the triple digit heat doesn’t help either! I also understand that my supervisor must agree to this waiver by signing below. Im still unemployed because the stress and anxiety that I have. Thanks. ¯\_(ツ)_/¯ no one is forcing you…? Are you sure? You can agree with your boss to waive the second meal break if you do not work more than 12 hours and you did not waive your first meal break.”. Do you get paid for your rest breaks that last 20 minutes or less? Our employees work 6am to 2:30pm Monday – Friday. I work a 40 plus work week. I understand all about lunches, I even found the section in the California Labor Code about them, but I cant seem to find anything about the break periods. I don’t know what to do because I don’t know if I have a case or if they have been stringing me along this whole time just so I can go past the statue of limitations. For the first year if I stayed after hours to complete a deal I was not paid over time!!! Should I peruse with a lawsuit? No Derivative Works. They want me to take my lunch at 2 or 3 which I find pointless cause I’m not tired I rather take it at the end of my 5 like I’m supposed to. Under the Labor Laws this meal can be paid or unpaid. For example, they start at 8 AM but ask to take their lunch at 2 PM. meal, 4:40–6:15 is less than 2 hours, so no rest break is needed. Under federal and Ohio law, your unpaid lunch break must be counted as hours worked if you are regularly interrupted by your employer. While normally considered “exempt”, they are still entitled to meal breaks and rest breaks. Again, consult a lawyer to see if your situation qualifies for breaks. 12–6 is either two rest breaks (paid 6 hours of work) or one rest break and one meal break (paid 5.5 hours of work). Since I am not working the entire 8 hour shift, can my employer force me to take the entire 1 hour lunch? An employee who works from 8 am to 6 pm, is entitled to two 30-minute breaks; one break during every period of 5 consecutive hours of work. 8 C.C.R 11040, section 12 (Rest Periods), endnote 3 above. Meal breaks are unpaid, but must be uninterrupted, and employees must generally be permitted to go off-site for their meal. Under California meal break law (which is much more generous to employees than federal labor law), if you are a non-exempt worker, you are entitled to a 30-minute uninterrupted, duty-free meal break if you work more than 5 hours in a workday. Any advice? The law forces your employer to pay you for work you do, but they won’t owe you meal penalty pay. The statute of limitations on labor stuff is apparently 3 years (I’m not a lawyer, FYI) and I’d ask about emotional distress while you’re at it. The employer may incur a split shift penalty, where applicable: https://www.dir.ca.gov/dlse/split_shift.htm, Also, if they’re cutting your hours short you may be eligible for reporting time pay: https://www.dir.ca.gov/dlse/FAQ_ReportingTimePay.htm. As long as I can stop work at or before the 5th hour ends I don’t seek a meal penalty hour of pay. This is true even where the employee is relieved of all work duties during the meal period. Disclaimer: This website is an advertisement. Or if within each 5 hour block you need a meal break, but it doesn’t matter too much where (as long as there’s a rest break before it, per the aforementioned link)…? I get a 10 break in the morning and a 10 min break in the afternoon, and a 1 hour lunch break. Can we do that legally? S/he would then owe you damages equivalent to 250 hours’ worth of pay at your regular rate. For example, collective bargaining agreement provisions on meal breaks override the California laws for unionized employees who work, Generally speaking, employers may NOT require employees to continue working or remain “on-call” during meal or rest breaks.11. Ct. (2012) where the Supremes stated that, in a normal 8 hour workday, there should be a 30-minute lunch with a 10 minute paid rest break before and after lunch. Can my employer require me to work or be “on-call” during my meal or rest break? No, and this question has recently come up a lot in the comments. Under California Labor Law, California break laws entitle nonexempt employees to a 30-minute off-duty lunch break if they work more than 5 hours in a workday, and 10-minute breaks every 4 hours worked. workers who meet the legal definition of independent contractors, sue employers for denying them meal or rest breaks required under the Labor Code or labor regulations, Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004. In general, lunches must start before the end of the fifth hour into a shift. Unfortunately, the remaining time can be worked with no meal break because it was already satisfied. But the attitude on Monday for not going to work on weekends is obvious. However, employers are not required to ensure that you do no work during your meal or rest break. This is really a disruption and just makes my day longer. They must also be in the middle of the employee’s work period, to the extent that this is a practicable.6, But rest periods are not required for employees who work less than three and a half (3 1/2) hours in a day.7. My shift starts at 12 ends at 8 . Weekends are supposed to be off. If I work a split shift. “Anything more than two hours” in duration needs a 10 minute rest break. For meal and rest break violations, the filing deadline is usually considered to be 3 years thanks to a recent California Supreme Court decision. Also, if you aren’t allowed to leave during your 30 minute meal period, “you are being denied your time for your own purposes and in effect remain under the employer’s control and thus, the meal period must be paid.” (They give you an extra hour of pay, aka a “meal penalty”.) Please check one of the following ☐ This form is to waive my meal period for the workday(s) listed below: Date(s) Beginning Time End Time. 8 California Code of Regulations (“C.C.R”) 11040. If you work 8 hours or so, you should have a separate rest break both before and after your meal break. There are two parts: first section is for a one time deal and second section is for as long as employee wants to do it. 12–2, take a 10, 2:10–4:10, take a 30 min. Under California law (IWC Orders and Labor Code Section 512), employees must be provided with no less than a thirty-minute meal period when the work period is more than five hours (more than six hours for employees in the motion picture industry covered by IWC Order 12-2001).Unless the employee is relieved of all duty during the entire thirty-minute meal period and is free to leave the employer's premises, the … Another rest break should be in between your meal break and the end of your shift. Our employment attorneys educate our communities about labor laws. ( https://www.dir.ca.gov/dlse/faq_restperiods.htm#:~:text=in%20the%20middle%20of%20each%20work%20period see also FAQ #2 on that page) So, if they’re sending you to lunch 1 hour in, you need a rest break ~30 min in. If your employer is denying you meal breaks and rest breaks, you would be entitled to receive a penalty of 1 hour wages per day you were denied any rest breaks, and an additional penalty of 1 hour wages per day you were denied any meal breaks (for a maximum penalty of up to 2 hours wages per day). In general, employees are not required to be paid for their meal break (s). If it is 12–1:30, why is it that long, if you don’t mind my asking? I Never took a lunch break , the 30 minutes break or 10 minutes break. I get an hour lunch and 30 min paid rest break for the day. Sometimes one staff member works the entire 7:30am-8pm and we are not given any extra pay for missing breaks or meal periods, only the 1.5x for the hours worked over 8 hours. Spend more than half of their work time doing intellectual, managerial or creative work; Regularly exercise discretion and independent judgment in performing those duties; and, Earn a monthly salary equivalent to at least twice the, The nature of the work prevents the employee from being relieved of all duty (for example, if s/he is a security guard and is the only person on duty); and. I’ve never prosecuted a case where the employer forces the employee to start lunch near the start of their shift. Also, to promote just economic growth through enforcement of California labor laws by civil actions. Scenario, I come in at 8am and leaving at 3pm (7 hour shift). So it appears your daughter was denied 1 to 2 rest breaks (you don’t say when she got her 1 ten min break). You may not require an employee to work for a period of more than five hours per day without providing him/her with a 30-minute unpaid meal break. This you keep on file. California has probably the most extensive meal and break laws in the country. But the employee may waive this second meal break if: Example: Rick is working an 11-hour shift at a fulfillment center. (Further reading: https://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm ). California labor laws require that employers provide employees with a meal period of no less than a 30-minute when they work more than five (5) consecutive hours; or for employees in the film industry who work more than six hours in certain circumstances. In landscape construction, what is supposed to be provided for employees by employers? So, 6 (index finger opens), 7 (middle), 8 (ring), 9 (pinky), 10 (thumb). I don’t need to stop for 30 min. If you work over 6 hours, you are entitled to a second rest break. Let us put our decades of legal experience to work for you. I work 6:55am-10:45am clock out then go back at 1:50pm and leave at 5:45pm. Finally, the meal period requirements of the California Labor Code do not apply to unionized employees in certain industries whose collective bargaining agreements provide for meal breaks on a different schedule. An employer does not have to pay for this time; in other words, meal breaks are unpaid. See Eugene’s recent comment: https://calaborlaw.com/california-meal-break-law-for-employees/comment-page-22/#comment-12082. Your California employer does not have to pay you for a meal break. Unfortunately, there isn’t any more guidance on the timing of the lunch break beyond that and what the Supremes said in Brinker. Is that true? But what if you’re not near the 5 hour max, like in your case? The employer has to “relieve employees of all duty, relinquish control over their activities, permit them a reasonable opportunity to take an uninterrupted 30-minute break (in which they are free to come and go as they please), and must not impede or discourage employees from taking their meal period.”, See this FAQ entry regarding if an employee freely chooses to continue working: https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm#:~:text=an%20employer%20that%20knows%20or%20has%20reason%20to%20know%20an%20employee%20is%20performing%20work%20during%20the%20meal%20period%20owes%20compensation%20to%20the%20employee%20for%20the%20time%20worked. Meal Break California Labor Laws Your employer cannot deny you the right to take ten-minute rest breaks every four hours, nor can they deny you a thirty-minute lunch break every five hours. Yes, in general an employer may dictate the employee’s work schedule and hours. Is it when we leave the house we are cleaning or is it when we get our food and sit down to eat? The content of any communication you send to us via the Internet or through e-mail may not be considered confidential. You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work). We have local employment law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities. He has been “working on this” for the past year. Can ones job make you take an one hour and 15 minute lunch so that they can avoid paying you overtime . ☐ Your meal break waiver request has been denied. A second 30-minute meal break must be provided if … But I can certainly imagine doing it if such a case comes to my office. I am PHYSICALLY at work 10hrs and 30 mins But I clock out for lunch. 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