Yes, you can, and you should. If your employer refuses you meal breaks and rest breaks, you are entitled to a penalty of 1 hourly wage per day on which you were denied rest breaks and an additional penalty of 1 hourly wage per day on which you were denied meal breaks (for a maximum penalty of 2 hourly wages per day). We can help you file a complaint with the California Department of Labor. Call us at (213) 992-3299. Note that your claims are subject to strict filing deadlines. For meal and rest violations, the filing period is generally considered 3 years, thanks to a recent decision of the California Supreme Court. [Murphy v Kenneth Cole Productions, 40 Cal.4th 1094 (2007)], but in some cases a 1-year filing period may apply. Breaks should last ten consecutive and uninterrupted minutes. During the break, an employee must be relieved of all duties and the employer must provide “appropriate rest facilities” in a separate area from the washroom. Unlike meal breaks, rest breaks are paid breaks. I work for Unity couriers I started at 8:45 am and took a meal break at 2:55 pm, now they say you need to take the 2nd meal break I finished the assignment at 5:15 pm my question is why should I take 2 meal breaks in 8 hours, which sometimes doesn`t make sense that you are hungry early, can they (the company) enforce, because law enforcement is slavery. The agreement would be written down and would indicate what I said.
It is the employee`s desire to change the timing of their lunch break. There you go. We (the employer) are simply trying to respond to a request from an employee. We are not trying to “prevent” anything. Breaks would always be uninterrupted, at least 30 minutes, etc. A: If employees are considered non-exempt employees, breaks are required in California, regardless of where the work is performed. Therefore, make sure that employees who work remotely have rest breaks in accordance with state (and local) laws. Even if you want to take into account early lunch requests, it`s also cool as long as breaks are always available between events.
Answer: Employers are required by California law to provide employees with “proper rest facilities” (separate from the toilet) during working hours. I work in a grocery store and tend to work a total of 6 to 7 hours 6 days a week. I have been working here for 3 years and now I wonder how I was treated, how others tell me that I am being abused. You can let me work 6 days a week just to give me one day off a week. And secondly, they give me my break at my 1 hour and a half for 10 minutes, and then tell me that I have to have lunch at my work of 2 1/2-3 hours so they don`t have to worry about breaks and lunch later. Our lunch lasts 30 minutes, then we don`t have any extra breaks after our lunch ends. Is this type of processing legal or even fair? You could call this a lunch/break outside of service hours. Check your framework agreement. Rick is entitled to two 30-minute meal breaks during his shift.
In addition, California`s food and rest break laws do not apply to workers who meet the legal definition of independent contractors. As a general rule, as far as possible, the rest period should be in the middle of each four-hour working time. In an eight-hour day, a rest break usually falls on both sides of the meal break. Although this is the general rule, there is no absolute obligation to grant a rest period before mealtime. Breaks should usually be between check-in and check-out of meals or meal breaks and elimination. There has been a lot of discussion about the bonus pay that employers owe to an employee who misses a meal break and a rest break in one day: is it an hour`s pay? Or is it two hours of pay because there were two violations? Secondly, it is almost good, but I think you have a second respite. The rest period shall be based on the total number of hours worked daily and shall be at least ten consecutive minutes per four hours of work or a large part thereof. (*anything beyond two hours, unless the total working time in a day is less than 3.5) www.dir.ca.gov/dlse/faq_restperiods.htm We have to work openly to usually close 10 hours on the clock, and we are usually alone, we are told that we cannot leave the store for our breaks because we are alone, is that something they can enforce? I stamped at 4:30 pm and my lunch break is at 5 pm. I`m going to work a full shift and not go out until 12 noon. Is that allowed? One.
An employer is not required to ensure that no work is performed.