Labor laws in CA points for answer

[UntilTheNDofTimE]

Can someone find me a detailed description on the CA meal and specifically breaks labor laws. In specific to time worked over 10 hours. My employer made our crew work 4.5 hours between breaks and i believe this to be unlawful.

15 points for a good link that provides info on my current circumstance. Cheers.

[harlee71]

http://www.harriskaufman.com/faq.htm

[harlee71]

When am I required to have rest and meal periods on the job in CA State?
Am I an independent contractor or an employee and does it make a difference?
What work time do I have to be compensated for?What work time do I have to be compensated

When am I required to have rest and meal periods on the job in CA State?

California law provides that employees must receive a 30 minute meal break if they work in excess of five hours. During this time, the employee must be relieved of all duties because it cannot be a working lunch. If an employer fails to give a proper meal break, the employee can recover one hour of pay at their regular rate of pay for each day they are not provided a proper rest period or lunch break.

There are exceptions to the rules regarding California meal break laws. A bona fide "exempt" employee is not subject to this rule. If the work day is less than six hours, the employee can agree to waive the time period. Under the California labor law for meal breaks, in the health care industry, an employee can agree, in writing, to waive this meal period. Further, employees working under a collective bargaining agreement may not be subject to the rules regarding meal periods.

In some cases, an "on duty" meal break can be provided only when the nature of the job prevents the employee from being relieved of duty and if there is a written agreement between the employer and employee. The written agreement shall state that the employee may revoke the agreement at any time.

These rules only apply to employees in California. Federal law does not have a meal time requirement.


California Law Meal Breaks & Rest Periods

California labor law requires that employees get rest breaks if they work over three and a half hours a day. These mandatory breaks must be in the middle of each work period and must be 10 minutes for every four hours worked or fraction thereof. Rest breaks are work

If an employer fails to provide an employee a rest period, the employee can recover one hour of pay for each work day that the rest period is not provided under the California meal period law.

An exception to the rule is made for bona fide "exempt" employees. They are not subject to this rule.

[Mikail]

http://www.gotmealbreaks.com/

[Mikail]

California labor law requires that employees periodically be allowed to take meal breaks. Specifically, the law requires:

No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day’s work the meal period may be waived by mutual consent of the employer and the employee. Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an “on duty” meal period and counted as time worked. An “on duty” meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time. California Code of Regulations, Title 8, §11040.

As you can see, the law is fairly protective of an employee's right to take meal breaks and eliminates the illegal practices of having the employee "waive" the meal break or having the employee take the break at the beginning or end of the shift. The law provides the only circumstates where the meal period can be waived by the employee -- when the total work day is only 6 hours, and subject to a written agreement where the job does not permit a meal break.

You should note that there are very few situations were the job does not actually permit a meal break. For instance, if you are a security guard at a remote location, it would not be realistic to stop guarding for 30 minutes while you take a break. In such as a case, if you had a written agreement, you could work through your meal period. On the other hand, if you work in a small store and are the only one watching the store, this would likely not qualify. The reason is that you could simply close the store and take your meal break. It should be noted that most jobs where you work with other people who can cover your shift for 30 minutes will never qualify for the "on duty" meal period.

Another common violation by employers is to have the employee take the break at the beginning or end of the shift. For instance, they have the employee just work 7 1/2 hours and then take their lunch break for 30 mins. Rather than return after the 30 mins, they just have the employee go home. This policy is clearly illegal because the law states that you can not work more than 5 hours without a meal break. Thus, if you work 7 1/2 hours without a break, it does not matter if you could take one before or after you clock out -- it is still illegal. Only bona fide meal breaks that occur at least every 5 hours are allowed under the law.

Extra Pay When You Don't Get A Meal Break
The law requires that "If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the meal period is not provided." California Code of Regulations, Title 8, §11040.

There is sometimes some confusion about this when you work more than 10 hours and are thus entitled to 2 meal breaks. If you don't get either of the meal breaks, you are still only entitled to 1 hours pay. That is, the violation is "per day" rather than per violation.

In addition to the one hour of pay, the extra compensation can increase the amount of overtime that you are due.

Statute of Limitations
The California Supreme Court just made a landmark labor law decision. In Murphy v. Kenneth Cole Productions, Inc., the Court held that payments made for violations of meal breaks are considered "wages" and subject to the 3 year staute of limitations for wages. While the Murphy Court specifically held that Meal Premiums could go back for 3 years, it is very likely that employees will be able to go back a total of 4 years under unfair competetion statutes. For an excellent analysis of the labor law issues involved in Murphy v. Kenneth Cole, please see the link to my blog.

Overtime Issues Caused by Meal Premiums
If you are entitled to overtime under California Law or Federal Law, the meal premium pay would also increase your regular rate of pay for purposes of computing overtime. I have a discussion about how this type of overtime calcuation works onmy overtime website. An important thing to note is the the California Division of Labor Standards Enforcement ("Labor Board") does not use this cacluation in determining your damages. As such, they will not award you all the damages that you could be entitled to. The Labor Board has recently taken a very hostile position towards Meal Premiums and had just recently held that meal premiums could only go back for a period of 1 year. It is fortunate that the courts overturned this erroneous thinking. For information on other problems taking a case to the California Labor Board, please see this article.

What to do
If you feel that your employer is not following the law regarding proper meal breaks for you and/or other employees in the company, you can contact my law office to for a free case evaluation. Please write in the "Additional Information" section that you feel meal breaks are not properly being given.

[tltaylor89]

Breaks are required every two hours.

[Mikail]

I believe my link is exactly what you specified as needing.

[Shonner]

Take 'em to the cleaners pal

[UntilTheNDofTimE]

Well this is our normal day.

5pm start
7pm break
9pm lunch
11:30 break
3:30 leave(if work is complete)

Our plant managers mentioned multiple times that if were going to be working over 10 hours we wud be granted a 3rd break at 2:30 but last night they refused to give us a break until 4 am. So we got pissed off and just didnt work for about a hour so we got a good break.

[UntilTheNDofTimE]

Reviewing posts now....

[harlee71]

It says

California Law Meal Breaks & Rest Periods

California labor law requires that employees get rest breaks if they work over three and a half hours a day. These mandatory breaks must be in the middle of each work period and must be 10 minutes for every four hours worked or fraction thereof. Rest breaks are work

If an employer fails to provide an employee a rest period, the employee can recover one hour of pay for each work day that the rest period is not provided under the California meal period law.

An exception to the rule is made for bona fide "exempt" employees. They are not subject to this rule.

[tltaylor89]

Lawrence is Pepsi slave driving you?

[tltaylor89]

You can come work for me as a margin clerk I will start you at $75000 a year.

[UntilTheNDofTimE]

It says California Law Meal Breaks & Rest Periods California labor law requires that employees get rest breaks if they work over three and a half hours a day. These mandatory breaks must be in the middle of each work period and must be 10 minutes for every four hours worked or fraction thereof. Rest breaks are work If an employer fails to provide an employee a rest period, the employee can recover one hour of pay for each work day that the rest period is not provided under the California meal period law. An exception to the rule is made for bona fide "exempt" employees. They are not subject to this rule.

So theyd be in accordance with the law if they gave us a break at 3:30 am but not 4 am right? since thats 4.5 hours

[Mikail]

Thanx for the points. I really needed them.

[UntilTheNDofTimE]

You can come work for me as a margin clerk I will start you at $75000 a year.

When you start your own firm let me know. Until then ill continue on my course to get CCNP certified

[UntilTheNDofTimE]

Lawrence is Pepsi slave driving you?

Hasnt been too bad lately but i was pissed off because they ran around me on a $300 dollar overtime day and our union isnt worth a shit.

[Sunde91]

You worked 30 minutes over what "the law" says and you're going to indirectly cry to a gambling forum (anyone could have found these, you want attention).

[harlee71]

It says 10 min every 3.5 hours in the middle of the work period. so I would think:

5pm start
7pm break
9pm lunch
11:30 break
Due a break at 2am
3:30 leave(if work is complete)


But this is cutting it close. 3:29 no break needed.

Sounds like they are doing things pretty much by the book, are they really that much of hard asses you cant take a quick break? Jobs are hard to find right now. Be careful and pick your battles.

[tltaylor89]

When you start your own firm let me know. Until then ill continue on my course to get CCNP certified

I will if you every decided to pursue money management .Im about a year and a half out .

[antifoil]

they should just fire you and get some illegals to do it without breaks and without complaining. i believe in the free market.

[UntilTheNDofTimE]

You worked 30 minutes over what "the law" says and you're going to indirectly cry to a gambling forum (anyone could have found these, you want attention).

they should just fire you and get some illegals to do it without breaks and without complaining. i believe in the free market.

Ignorance is bliss knowledge is power. They do a lot more shady shit than this but this was just another thorn on the bush.

[tltaylor89]

they should just fire you and get some illegals to do it without breaks and without complaining. i believe in the free market.

Then he can become a whistle blower it pays to be one of those nowadays.

[antifoil]

this is why we need to get rid of unions. its their fault these laws on the books trying to protect workers. we should let the companies decide when or if they give breaks. the unions ruin everything.

[UntilTheNDofTimE]

this is why we need to get rid of unions. its their fault these laws on the books trying to protect workers. we should let the companies decide when or if they give breaks. the unions ruin everything.

So if your a communist and would like your place of work to turn into a sweat shop where you work 18 hours a day at $2 per hour by all means let the companies dictate how much they should pay there employees and when to give breaks.

[antifoil]

i dont think you know what communism actually means.

what i was saying is the exact opposite of a communists position.

[GELATINOUS CUBE]

California-labor-law

every-two-hours-10-minute-break-required.
Every-four-hours-30-minute-unpaid-lunch-break-required.
Sent-to-a-site-and-sent-home?..four-hours-must-be-paid.

After-two-hours-stop-and-take-a-10.
They-can't-make-you-work-four-hours-straight.

[antifoil]

yeah if you want you can call labor laws socialist to fox news anything is socialist

[GELATINOUS CUBE]

ACTUALLY,
ANYBODY-HAVE-THE-FOUR-HOURS-OF-PAY-IF-YOU-ARE-SENT-TO-A-SITE-AND-SENT-HOME-RULE???

IT-EXISTS...BUT-I-HAVEN'T-SEEN-IT.

BUT-I-JUST-PUNCH-STIFF-MANAGERS-SO-WHO-CARES,THAT'S-WHY-I-GAMBLE!

[antifoil]

i cant even troll you people because you guys don't have a basic understanding of political philosophy. i quit.

[mmike032]

quit bitching and be thankful you got a job. I'm sure theres plenty that will take your spot without bitching about having to work for a living.
fuk unions and union workers.... nothing but a cancer

[antifoil]

that's what i'm talking about screw the workers and let the companies make all the decisions. i am sure they will do nothing unethical and endanger worker safety. we should go back to the meat packing days where they just chopped off arm then fired the person because they couldn't do their work. try paying that medical bill sucker, am i right? screw individuals and some minimum amount of fair treatment.

[mmike032]

having to work 4 hrs without a 15 minute break is cruel.
sue Pepsi for a few million

[Sunde91]

So if your a communist and would like your place of work to turn into a sweat shop where you work 18 hours a day at $2 per hour by all means let the companies dictate how much they should pay there employees and when to give breaks.

Communist? What?

You're using someone else's property to make a living; that someone owes you absolutely nothing. You think it's legitimate for the state to tell people what to do with their property? You agreed to contract to work there; quit if you think you are better off.

[sweethook]

i say just grab a bite and getter dunn