How can I get to court-ordered DUI school if my license has been suspended after a California DUI? They should receive 1 rest and 1 meal break. I am an HVAC technician I typically drive between service calls all day and eat my lunch between jobs while traveling. 8 California Code of Regulations (“C.C.R”) 11040. My check reflects 39 hrs of regular pay and 1hr of ca meal premium at regular pay. I am PHYSICALLY at work 10hrs and 30 mins But I clock out for lunch. “Anything more than two hours” in duration needs a 10 minute rest break. ), Further reading: https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm. Bono Enterprises, In. (Benefit of the doubt they don’t know any better and are just trying to match the scheduled hours with what you’re paid, no matter what you work… but that is why there are laws to protect us! Can my employer legal adjust my clock in and clock out times to prevent paying me o.t ? According to California labor law, breaks for meals and breaks for rest are a necessary requirement in the workplace. Your use of such contents does not create an attorney-client relationship – only an express signed agreement can do that. Rest breaks must to the extent possible be in the middle of each work period. Paid in cash seems more than a bit shady to me (ironic since a triple-digit work environment must be super sunny; I lived in the Coachella Valley for 30 years, so I know how much the heat sucks). Workers over 18 are usually entitled to 3 types of break - rest breaks at work, daily rest and weekly rest. I work over 6 hours at a restaurant, hourly supervisor. Surpassing the Fair Labor Standards Act, California labor laws are rightfully considered to be among the toughest in the Nation. Often we are scheduled to work at 3:30 and forced to take our lunch at 3:30, come back at 4 and work the rest of the night sometimes until 11:30. Please complete the form below and we will contact you momentarily. For example, they start at 8 AM but ask to take their lunch at 2 PM. You cannot be required to work during any required rest breaks. lunch break. I don’t know how legally enforceable it is, but was there any kind of availability form filled out that would be on file that says you aren’t available on Saturdays? Here’s the info you want: https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm. Which California employees are entitled to meal and rest periods? In addition, her employer is required to give her at least 20 minutes’ worth of rest period during her shift. Is There a Vehicle Code Section for Falling Asleep While Driving? In addition, so-called “on duty” meal periods, where employees must work through their meal breaks, are permitted only if: California employees may sue employers for denying them meal or rest breaks required under the Labor Code or labor regulations. Yeah, reach out via the contact page. There is a Supreme Court case called Brinker v Sup. He actually provides us lunch too. If I was only working a 6 hour shift then my shift would end after the 6 hours and I’d take no lunch. It could be a split shift situation: https://www.dir.ca.gov/dlse/split_shift.htm#:~:text=What%20is%20a%20split%20shift? (I’m just a random guy from the Internet, btw. Is 10am the start of the 6th hour ? There are many kinds of exemptions under California labor laws. I know some states are very specific about that. Can I sue my employer for not allowing me to take my meal or rest breaks? 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. But the employee may waive this second meal break if: Example: Rick is working an 11-hour shift at a fulfillment center. I get it from a a maximum POV—like all the info says: if you work over 5 hours you need access to a meal break. The rules laid out by the California labor law Breaks provision are very black and white in regard to rest breaks. I informed HR of lunches I clocked out on but continued to work for almost 3 months . (They also have to: “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.”), https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm#:~:text=an%20employer%20must%20do%20more%20than%20simply%20make%20a%20meal%20period%20%E2%80%9Cavailable.%E2%80%9D. Setting up an example, let’s say you’re scheduled 7am–4:00pm. Work in Nevada? If you work over 10 hours, you are entitled to a third rest break. They do not constitute legal advice and should not be used or relied on as such. I wonder if any 30 minute unpaid break resets the 5 hour clock. For questions about California employee meal and rest break requirements or to discuss your case confidentially with one of our skilled California labor and employment attorneys, do not hesitate to contact us at Shouse Law Group. Lab. California labor law also requires that employers must “authorize and permit” employees to take one 10-minute rest period for each four-hour work period, or “major fraction thereof", which is anything more than two hours, a ccording to the California Supreme Court. There has to be a a rest break before a meal break. If the last of those options, the employer could offer the employee take their regular and proper meal break, then allow them to clock out a second time for their personal appointment. That doesn’t stop them from disciplining you from not following the schedule. If you are a supervisor, you may fall under the supervisor exemption, otherwise known as the executive exemption. In addition, employees who are working more than ten (10) hours in a day must also be given a second thirty (30) minute meal break. 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. If the employee’s workday will be completed in six hours or less, the employee may consent to waive (give up) the right to a meal break. I work from 4-1030pm. Weekends are supposed to be off. Employees are entitled to ten (10) minutes of rest period for each four (4) hours, or a substantial fraction thereof, that they work in a day. EMPLOYEE In accordance with California’s Industrial Welfare Commission order No. I worked for Hertz car sales for almost 3 years. (2020), California Meal Break & Rest Break Law (2020) – Quick Calculator + Charts, US Supreme Court Says Class Actions Can Be Banned, Discrimination-Racial, Gender, Disability, Retaliation-FEHA, CFRA, FMLA, Whistleblower. In landscape construction, what is supposed to be provided for employees by employers? California labor law requires that nonexempt employees take periodic, unpaid meal breaks. S/he would then owe you damages equivalent to 250 hours’ worth of pay at your regular rate. That being said, the employer appears to be open to risk if they do not pay the penalty hour and allow the employee to move their meal break pass 5 hours, when working more than 6 hours. In addition to the California labor laws for breaks listed above, a California employer cannot force an employee to work more than five hours a day without providing a minimum 30-minute, unpaid period for a meal. A rest period is not required for employees whose total daily work time is less than three and one-half hours. But before I approved my work hours for the end the week i noticed that my punched times had been changed by the manager. of Industrial Relations: Meal Periods. I clocked out late for lunch twice this week and will be docked 2 hours pay on this paycheck. I have sometimes worked more than 8 hours with no break, just one meal. She stated that if I clock back in early from lunch say 45min lunch, that I would still be docked for the entire hour? If it is 12–1:30, why is it that long, if you don’t mind my asking? They stated they would issue a payment to me this was back in Feb 2020 it is now July and I have made several attempts to find out the status of this but they keep saying they are working on it . Very helpful with any questions and concerns and I can't thank them enough for the experience I had. 12–2, take a 10, 2:10–4:10, take a 30 min. My shift starts at 12 ends at 8 . All though we didn’t take the break or lunch, we were forced to record the breaks and lunch on our time card. I’ve read it’s likely not allowed in California, but looking for most documentation to show our boss. 2. 5 years ago they changed the rules and I was required to clock in and clock out. So in this example it would come if work exceeded 6:30. v. Bradshaw (1995) 32 Cal.App.4th 968.”. Am I REQUIRED to take it. If your boss doesn’t comply with break law requirements, they are required to pay you one extra hour of regular pay for each day on which a meal break violation occurred, and another extra hour of regular pay for each day on which a rest break violation occurred. Meals and Breaks. Many consider California the state with the most proscriptive variances from federal law, including broader antidiscrimination protections, a higher minimum wage, paid family leave insurance and paid sick leave. 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. I forgot about this comment, which cites court cases, and explains it in a more detail: https://calaborlaw.com/california-meal-break-law-for-employees/comment-page-22/#comment-12082. The employer owes overtime, in my random-Internet-bystander-opinion: https://www.dir.ca.gov/dlse/FAQ_Overtime.htm#:~:text=law%20requires%20that%20employers%20pay%20overtime,%20whether%20authorized%20or%20not (FAQ #2). An exempt employee is someone whose job is not subject to one or more sets of wage and hour laws. Even if I was paid for the violation but was not offered the break do I have a case? I thought our rest breaks are supposed to be paid. The penalty is to them because it’s their responsibility to ensure you take a lunch. If you work over 5 hours in a day, you are entitled to a meal break of at least 30 minutes that must start before the end of the fifth hour of your shift. My question is in regards to days that I need to leave early for doctor appointments. Another example are “inside salespeople” who sell products or services while physically stationed at the employer’s office. Employers sometimes slip a “choice-of-law” provision in their contracts that says the labor laws of the employer’s home state will govern the employment relationship, but CA considers these contract provisions invalid. I’ve done everything possible to work with them. California mandates employers to offer breaks and stipulates that employees should be compensated for some of the break time. I’m simply wondering if this allowed? This is a 9 hour day, but only 8 hours on the clock. An employee can waive this meal break if he or she works less than 6 hours per day. California employment law requires employers to give non-exempt employees (which means “hourly” employees) one 10-minute rest break for every four hours of work. This happens often with other employees as well. 8:30a–5:30p is 9 hours, minus an hour lunch… but you said 12–1:30 not 12–1. 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)…? California labor attorney Eugene Lee has been in practice since 1995. Refer to our article on Nevada rest break laws. (But again, I’m nobody.). Like would CA laws follow me if I worked in another state? If you worked 11.5 hours and started at 6:30 am, you’d be off at 7 pm with two meal breaks and 6:30 with one meal and waiving the second. Is it legal for them to tell you to take a early lunch ? In other words, you are responsible for “breaking” yourself. Or not, Rest breaks, as I understand it, are a bit more lenient than meal breaks. 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). This is a new policy and it doesn’t seem right. I have several meal break violations that include OT and I was not offered a break during a 7-8 hour shift. Below, our California labor law attorneys discuss the following frequently asked questions about meal and rest break requirements for employees: If you have further questions after reading this article, we invite you to contact us at Shouse Law Group. The name is a “meal penalty” so it may seem like that, but by law it should be that they pay you an extra hour for working past the 5th hour. His/her workday will be no longer than twelve (12) hours; and. We dig trenches for irrigation or holes for trees, in the sun, 100 plus degrees outside with no shade at all. My boss says “some Saturdays are mandatory. Am I, under the law allowed to freely choose to keep working or does the law force me to take the break? Therefore, if your employer asks that you work while eating during a meal period, or remain on call during a rest period, this is legally equivalent to denying you your meal or rest break. security guards where they can essentially take a paid lunch during their shift (eat when they can) but are only scheduled for an 8 hours shift like from 11:00pm to 7:00am. Oh, I’m now guessing you’re the same Scott. But the attitude on Monday for not going to work on weekends is obvious. You may not alter, transform, or build upon this work. California has laws that govern breaks and rest periods for employees. (The MP does not count towards overtime hour calculations. Do I have “the right to remain silent” if I am arrested for California DUI? 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 (more than six (6) hours for employees in the motion picture industry in specific situations). He said this last year and I have inquired about it countless times and get the same response.. “they’re working on it” I’m owed compensation for over 50 meal breaks and 50 rest breaks. I’m curious, what length is the morning break? But I don’t get an hr of extra pay. I work 8 hours. I am forced to clock out on my rest breaks, when it comes to the meal breaks even if I do take it 5hours or more later it doesn’t count as a penalty because I have already clocked out and back in .. is this correct ? Our work shift Work shift 7a-4p Monday-Friday. Is it illegal for someone to give a meal break and not even give them a 10 min break before the 4th hour of their shift? Meal and Rest Breaks Quiz» Meal and rest break compliance continues to be the source of a great deal of litigation for California employers. Picking up at 4:40 from above, at 6:40, take a 10, then start another block of time. Get a free meal, but never given 30 mins of break time. 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. I’ve never prosecuted a case where the employer forces the employee to start lunch near the start of their shift. No forms. I start work at 5am my lunch starts at 10am on a 8 hour shift. He has been “working on this” for the past year. Similar to rest breaks, California law has specific requirements for meal breaks, including: Employers must give employees 30 uninterrupted minutes; Employees must be relieved of all duties; and; Employees may do anything they choose during this time. 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. If you work at least 3.5 hours in a day, you are entitled to a rest break. So I never received a 10 min break as well. AFAIK, any actual signed waiver would be for the employer’s protection against the employee saying they did not agree to waive their meal. For example, Joe works a 6-hour shift at a grocery store. The law, however, provides for several important exceptions to these requirements. Use the contact page of this website, or the chat feature on each page, to reach out to someone with the law firm. The California Supreme Court ultimately ruled in Brinker's favor on the most critical part of the decision – holding that employers do not have to ensure employees take their meal breaks. If you spend at least 30 minutes off the clock and you are “relieved of all duty during the entire thirty-minute meal period” and you are “free to leave the employer’s premises”, then you’ve satisfied the “meal” break, in my opinion. I Never took a lunch break , the 30 minutes break or 10 minutes break. Would I be able to file a lawsuit? Your second meal is due by the end of your 10th hour, unless you and your boss agree to waive it (and you did not waive your 1st meal), so in your example, second meal is due by 5pm (I believe this is where this site’s calculator goes wrong, though I could still not understand it all fully). Can my employer require me to work or be “on-call” during my meal or rest break? However, under California labor laws, they must still receive their meal breaks and rest breaks. While normally considered “exempt”, they are still entitled to meal breaks and rest breaks. Your boss must give you a rest break of at least 10 consecutive minutes that are uninterrupted. If I work from 8:30 to 5:30 and lunch from 12:00 to 1:30 . But what if you’re not near the 5 hour max, like in your case? Rick is entitled to two 30-minute meal breaks over the course of his shift. I understand I am entitled to my lunch break and that my employer has to allow it. Under California labor law, employees who work 5 or more hours per day are allowed a 30-minute meal break. But I’m really confused on her statement that I must take an hour lunch and not a 30 min lunch. I also understand that my supervisor must agree to this waiver by signing below. Rest breaks/rest periods are also required under California labor regulations. He created this blog in 2006 to help employees with workplace claims for denied meal breaks, rest breaks, overtime and unpaid wages. Shouse Law Group › Labor Law Attorney › Wage and Hour › Meal and Rest Breaks. Meal Breaks. I do not have to stay on premises. I’m sorry I did not understand your question or example completely, but here is my answer to the best of my ability: AFAIK, the employer directs the employee’s time schedule including all clock in and clock out events. BUT, you are free to skip your rest breaks provided your boss isn’t encouraging or forcing you to. Is that a 5 hour lunch violation? California law requires that employers authorize and permit nonexempt employees to take a ten-minute paid rest period for each four hour work period, or major fraction thereof. https://www.dir.ca.gov/dlse/FAQ_Overtime.htm#:~:text=Can%20an%20employer%20require%20an%20employee%20to%20work%20overtime? (Further reading: https://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm ). (2020), Final Paychecks – When Are They Due? Read more: https://www.dir.ca.gov/dlse/faq_restperiods.htm. 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). I don’t know the exact ins-and-outs of what you’re asking as it pertains to COVID, but generally speaking… your employer directs your time/schedule and if they schedule you to come in you should be eligible for reporting time pay. 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. I don’t need to stop for 30 min. I work 6:55am-10:45am clock out then go back at 1:50pm and leave at 5:45pm. 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”.) Once it starts there should be a matching punch out timestamp somewhere. That being said, AFAIK, the employer sets the employee’s schedule. The meal break must be provided within the first 5 hours of the workday. Is that true? 1 2 3. Is it legal for an employer to make you take your lunch break right after clocking in? There’s likely other things I don’t know that a real lawyer can help you with, so I really encourage you to take it to that level to find out. I work as a cashier and due to being short staffed I was unable to take my lunch before the fifth hour. Can my boss make me work a Saturday too in addition to working my regular work schedule? An employee who is fully apprised of the entitlement to rest may independently chooses not to take a day of rest.”. You are free to Share — to copy, distribute, display, and perform the work under the following conditions: 1. 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. In states that require breaks for adult workers, the rules for minors are sometimes stricter. Can ones job make you take an one hour and 15 minute lunch so that they can avoid paying you overtime . I also heard water is also responsibility of employers? Employees who work more than ten (10) hours in a day are entitled to a second 30-minute meal break. Rest breaks under California labor law are required for non-exempt employees who work three and a half (3 1/2) or more hours in a day. No, but it’s what managers might do to keep themselves out of trouble with the company. All though we didn’t take the break or lunch, we were forced to record the breaks and lunch on our time card and also forced to sing a paper where it said that I have to take a break because it was mandatory. There apparently needs to be a rest break before a meal break (see Eugene’s recent comment: https://calaborlaw.com/california-meal-break-law-for-employees/comment-page-22/#comment-12082 ) so maybe they work it something like this? Copyright © 2020 Shouse Law Group, A.P.C. An employer does not have to pay for this time; in other words, meal breaks are unpaid. So, 6 (index finger opens), 7 (middle), 8 (ring), 9 (pinky), 10 (thumb). Is that legal in California and if so where can I find a sample waiver? (“12. Read more about rest breaks here: https://www.dir.ca.gov/dlse/faq_restperiods.htm, And meal breaks here: https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm. 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. I took it 20 minutes after and clocked out and back in after my lunch. My employer is stating that I need to take the entire hour lunch and not the 30 min. Keep themselves out of state rest break employer may agree that he will waive the second.! Like in your case states License for you ¯\_ ( ツ ) _/¯ no one is you…! And one-half hours break “ in the sun, 100 plus degrees outside no. 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