In general, employers are NOT allowed to require employees to continue working or to stay “on call” during meals or breaks.11 I logged in at 4:30 p.m. and my lunch break is at 5 p.m. I`m going to work a full shift and not go out until 12 noon. Is that allowed? 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.
Hello. My son (miner) works from 16h to 23h30-23h45 (weekdays in summer). His boss asks him to have lunch within 1 to 1 1/2 hours after his shift. Is it legal? Use this quiz to test your knowledge of regulations related to food and rest breaks. Employers in California are required to provide their employees with meal breaks and breaks Is there a law that says you MUST leave your office for those breaks/lunches? My boss sent an email explaining that under California law, we have to leave our office/department for our lunches and breaks. Now there is a new law that also states that there are no more than 6 people together in the break room? How does it work? If there`s a law that says I can`t eat my lunch at my desk, I`d love to see it!! Can I opt for a short 15-minute lunch break after working 6 hours and come back and find out that the company is taking 30 minutes with my permission? Are you okay?? The employer sets the schedule and is (as I understand it) responsible for sending you on a break. I work for Unity couriers, I started at 8:45 am and took a meal break at 2:55 pm, now they say you 2. 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, they (the company) can apply because the application is slavery. Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1040 [“An employer shall not interfere with a formal policy of offering meal breaks by pressuring employees to perform their duties in a manner that omits breaks.”]. ↥ Hello, I work for the 2nd shift from 1pm to 9.30pm.
Can my employer control our breaks? They wanted to be 1st rest after 3pm, food break after 5pm and 3rd break after 7pm. I understand the laws on food breaks, but what about breaks? Can they control our breaks? I usually leave at 2:30 p.m., 4:30 p.m. (lunch break) and 7:30 p.m. Looks like they`re trying to control everything!! Can an employee work an 8-hour shift and take meal breaks accordingly, plus paid rest breaks after their lunch break, close to the time they are eliminated? We want to prevent employees from taking their PAID REST 15 minutes before eradicating without getting into trouble with the law? Any suggestion, I have always understood that the law must be an EMPLOYER, but does not have to PRESCRIBE that employees take a PAID REST of 10 minutes during working hours, it is a use or a loss, unlike the FOOD BREAK, these are mandatory or we pay a penalty . HELP for more details please??? I have a question. When I worked until my 6th hour due to a deadline and didn`t take my lunch break until later. Does my employer have to pay me the 1-hour meal penalty? Can my employer also say, “You didn`t allow me to work until my 6th hour,” to refuse to pay the 1-hour meal penalty? Rick is entitled to two 30-minute meal breaks during his shift. I have a few? Can`t the employer pay over time because your work starts at 7pm and you don`t finish the work until 6:30am the next day, I had a half hour lunch and 2 ten minutes of beak, they don`t say overtime because it`s 2 different days. and how to start a job from 8 p.m. to 3:15 a.m., when we leave the store, I come home around 4 a.m., I leave at 6 a.m.
to leave another loation job Same company until STSRT 6:30 a.m. to about. 10:45 Am How my salary is calculated Is it legal for my boss to require that all my breaks be “on duty” and that I am supposed to work, whether I am on break or not. Note that I get a paid lunch because I need to be on duty, but I never have the rest breaks continuously at the time they should be; I`m expected to take them when I can get them, which is rare that I don`t have to do something for my job We have an employee who had a long lunch almost 4 hours. Should this employee, instead of getting rid of it, then take a lunch break of at least 30 minutes at a later date? I did not see the specific law regarding extended lunch. Is lunch 30 minutes to an hour? If employees eat longer (1.5), is that okay? If more than 2 hours, isn`t that correct? Employers should be careful to deviate from the general rule of allowing breaks in the middle of each working time and should consult a lawyer if practical considerations specific to their sector justify a deviation from the general rule. Can I have lunch for 2 hours every other day, I am sometimes so stressed that it takes me about 2 hours to come back. If the employer fails to offer multiple breaks or meal times, the employee may earn up to one additional hour per work day for missed rest periods6 and one additional hour per business day for missed meal breaks.7 You forget the 30-minute lunch, if you worked from 6 a.m. to 6 p.m., you would work 11.5 hours and have an unpaid lunch of 30 minutes.
Service-related meal breaks are paid breaks and must be agreed in writing between the employer and the employee. The employee must be able to revoke his consent at any time. Employees cannot collect bonuses for missed meal breaks on duty. I would say you have the right to lunch. The travel time to the other store should be on the clock. This would mean that you are scheduled for a 12-hour shift. A 30-minute lunch is enough for a 12-hour shift. Brinker Restaurant Corp.
v. Superior Court (2012) 53 Cal.4th 1004, 1040 [“Wage orders and applicable law do not tolerate employer coercion against taking lawful breaks, creating incentives to waive them or otherwise encourage skipping legally protected breaks.”]. ↥ In addition, California`s lunch break laws generally do not apply to workers who are considered independent contractors. A number of factors are used to determine whether an employee is an employee or an independent contractor. Employees who are hired as independent contractors may be employed with the employer and are protected by California`s compensation/hour, lunch, and labor laws. Can a boss count a long bath visit as 2 breaks. If you don`t have your meal or breaks in California, contact Hunter Pyle Law`s labor lawyers. We have conducted numerous individual and class action lawsuits regarding meal times and breaks, contact us today for a confidential initial admission. An employee who works six hours or less on a shift may waive his or her right to a meal break. Waivers for meal breaks do not need to be made in writing, but both parties must agree to the waiver.
We have to work openly to close, usually 10 hours on the clock and we are usually alone, we are told that we cannot leave the store for our breaks since we are alone, is this something they can apply? The employer is not required to control meal breaks or ensure that the employee does not do any work during the meal break. However, they must not prevent or discourage their employees from taking one.38 Such waivers are not permitted if the employee works more than 6 hours continuously in a single shift. Even in such cases, your employers shouldn`t ask you to sign a California lunch break waiver if you work more than 6 hours in a single shift. California employees can sue employers for denying them food or rest breaks required by labor law or labor regulations. Successful wage and hourly class action lawsuits often involve failure to provide for meal breaks or rest periods. Breaks under California Labor Law are required for non-exempt employees who work three and a half hours (3 1/2) or more per day. Employees are entitled to ten (10) minutes of rest for every four (4) hours or a substantial part of it they work in one day. Whenever possible, these breaks should be taken in the middle of each 4-hour period. 1 2 3 Under the California Wages and Hours of Work Act, non-exempt employees must be granted a thirty (30) minute lunch or meal break if they work more than five (5) hours per day. The lunch break must take place in the first 5 hours of the working day. Employees who work more than ten (10) hours per day are entitled to a second 30-minute meal break.
The number of breaks to which an employee is entitled depends on the hours worked and not on the hours he or she has scheduled. For example, if an employee is scheduled for a ten-hour shift but only works a three-hour shift, the employer does not have to offer a meal break. Some employees are not entitled to breaks. These workers are called exempt employees.62 The most common types of exempt employees are professionals, directors, and executives. But there are also exceptions or specific rules for certain industries. Example: April works in a shoe store. April enters the lunch break. After a few minutes, a large group of shoppers come to the store to buy shoes.
April`s boss tells April that she needs to come back immediately and that she can have lunch later. April`s boss effectively refused April`s lunch break, violating California labor laws. These rest breaks in California must be counted and paid as hours worked. Break time should also be in the middle of the employee`s working hours, to the extent possible.6 Employers cannot require employees to remain on site or on call during breaks. Hello, nurse here. If I check in at 700:00 in the morning and can`t leave for lunch before 12:00, am I paid 1 hour more? Our last patient before lunch leaves for something after 12:00 and we are supposed to clean up after so we can usually start lunch at 12:15 at the earliest.
