As an employee that is paid a salary, am I entitled by law to two 15 minute breaks daily?

Question

I work in California.

Answer 1

California Labor Law Meal Break: When am I required to have rest and meal periods on the job?
California Labor Laws - Mandatory Lunch and Meal Breaks

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 meal break.

There are exceptions to the rules regarding meal breaks. 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. 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 Labor Laws - Mandatory Rest Breaks

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 time and the employee must be paid for them.

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.

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

Go get 'em, take your breaks!

Answer 2

breaks no, lunch yes but only after you work over a certain amount of hours. Check your state employment laws though for details.

Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks work-time that must be paid. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished.

Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable.

Answer 3

Yes, you are entitled to two 15 minute breaks. I work in Manhattan Beach, CA at Lady Foot Locker and the company was recently sued by some of the workers because of this very thing.

Answer 4

I would think so since that is one of the Federal Laws with employement but it's only if your are working for more than four hours. I would look up your labor laws for California they should be listed on the state governement site, employers try to get away with giving these alot, I would just fine the facts to back your self up before you raise a stink about it with anyone.

Answer 5

You contradict your yourself. If they are paid then no one loses anything-the company is just keeping tabs on how long you are really gone. If they deduct it, tough luck, they only have to give you breaks-not necessarily pay you for them. If you are on break then you are not working, then the employees are not losing 30 minutes of pay a day, they company is losing 30 minutes of productive work time.

Answer 6

I am not salary but hourly and we get 2 ten minute breaks per the law. One in the morning and one in the afternoon.

Answer 7

two 10 minute breaks and an hour lunch

Answer 8

Quit whining and get back to work.

Answer 9

it may help to look in your employee manual

Answer 10

yes