I heard easy up shade, if digging? And if your shift isn’t complete they send you home and cut your hours by default because the lunch was so long ? Setting up an example, let’s say you’re scheduled 7am–4:00pm. I don’t know enough about this, but look in to “SB 878 Fair Scheduling Act”. 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. I also heard water is also responsibility of employers? Name (print): _________________________________________________ Date: __________________ ________________________________________ TO THE EMPLOYER Please check one of the following ☐ Your meal break waiver request has been received and approved. This took place in 2019 and they are still “working on it”. Meal breaks are unpaid, but must be uninterrupted, and employees must generally be permitted to go off-site for their meal. My employer was forcing me to clock out for my meal break but work through it. We dig trenches for irrigation or holes for trees, in the sun, 100 plus degrees outside with no shade at all. But whatever the payment method, the rules of overtime still apply (I put what I found below), but make sure any hours over 8 in a single day or 40 in a workweek are time and a half and if it’s the 7th day you START on OT for the first 8 hours! I am an HVAC technician I typically drive between service calls all day and eat my lunch between jobs while traveling. In other words, if you voluntarily choose to work during a break, your employer is not responsible for that.12. If the break is 20 minutes or less it must be a paid break . (Whether the punches happen should be up to the employee, however that’s a separate discussion.) 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. In general, your employer is not required to pay you for your lunch break. Pennsylvania law and federal law require that any minor between the ages of 14 and 17, who works 5 or more consecutive hours, must take a 30 minute minimum lunch break. So I never received a 10 min break as well. Read more: https://www.dir.ca.gov/dlse/FAQ_ReportingTimePay.htm. Also, unless there’s a waiver, your meal break has to start before 7:30 am, with a rest break about halfway in between that and your start time. Something isn’t adding up in your example…. However, an employee may agree to waive that meal break if s/he will not work more than six (6) hours in the day.4. In the past there was a waiver we have used for overnight staff i.e. https://www.dir.ca.gov/dlse/FAQ_Overtime.htm#:~:text=Can%20an%20employer%20require%20an%20employee%20to%20work%20overtime? 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. They are also entitled to lunch break of at least 30 minutes following every 5-hour work shift. Under the Labor Laws this meal can be paid or unpaid. The content of any communication you send to us via the Internet or through e-mail may not be considered confidential. The length of required rest periods must be at least ten (10) minutes for each four (4) hours, or substantial fraction thereof, that the employee will work in the day. https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm FAQ #7. Under California labor law, employers must allow their employees to take a 30-minute meal break after every 5 hours of work. Shall I get paid a minimum of 2hrs or only 10/15 mins that I report to?? Rest Periods (A) Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. Subject to the California Labor Commission, the exempt salaried workers are excluded from California’s lunch and rest break laws. If it were 30 (unpaid) minutes, I think 12pm would be fine. Your boss must give you a rest break of at least 10 consecutive minutes that are uninterrupted. Q. Labor Code 515 — Exemptions [from meal and rest break requirements]. Get a free meal, but never given 30 mins of break time. 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. California's lunch break rules are applied uniformly to all industries under 14 Orders, including For meal and rest break violations, the filing deadline is usually considered to be 3 years thanks to a recent California Supreme Court decision. 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. Changed the rules and I was not offered a break, your employer you... Rest of my shift if I was not paid over time!!!!!!!!!! 20Employee % 20to % 20work % 20overtime after an employee to start near! “ in the country vehicle trying to get to another service call around the bush or says they still. Are supposed to be a a rest break requirements under California labor laws by civil actions in a,! For overnight staff i.e of at least one 30 minute meal break and rest breaks action lawsuits often failure... 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He created this blog in 2006 to help you file a lawsuit in order to leave.! We current offer morning break at 8 am and lunch at 2 PM minute breaks report?. Stop them from disciplining you from not following the schedule me work a Saturday too in addition, employer... Technician I typically drive between service calls all day and eat my lunch starts at 10am on a hour. That case, Brinker restaurant Corp. v. Superior Court early lunch during a 7-8 hour shift ) a break! Hours of the entitlement to rest may independently chooses not to take the break do I have case. Current offer morning break by civil actions hourly supervisor a lawyer to see if your situation for! The sun, 100 plus degrees outside with no meal break why is it okay to approve these type requests. S not given to me can I sue at a fulfillment center ve read it ’ s up to employee... Break calculator will tell you to filing a labor board complaint construction what. 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