California laws on work breaks for small businesses?

Question

I live in California and I work for a small car rental agency. Generally, I work 5 hours a day, and it's not surprising to me that I'm usually obligated to work 7 days a week. However, I'm not guaranteed breaks, and I've never had a 10-minute break since I've worked there. I'm not paid under the table, but by paycheck. Are there any laws that require small businesses to have breaks or are they exempt from the rules? If they were supposed to give me breaks, can I sue them?

Answer 1

According to the California Deapartment of Labor, Division of Labor Standard Enforcement:

Q. What are the basic requirements for rest periods under California law?

A. California employees covered by the rest period provisions of the Industrial Welfare Commission Wage Orders must be provided with a net 10-minute paid rest period for every four hours worked or major fraction thereof. Insofar as is practicable, the rest period should be in the middle of the work period.

If an employer fails to provide an employee a rest period, the employer shall pay the employee one hour of pay at the employee’s regular rate of pay for each workday that the rest period is not provided.


Q. My employer is not allowing me to take a rest period. Is there anything I can do about this situation?

A. Yes, there is something you can do if you are an employee covered by the rest period requirements of the Industrial Welfare Commission Wage Orders.

If your employer fails to provide the required rest period, you are to be paid one hour of pay at your regular rate of compensation for each workday that the rest period is not provided. If your employer fails to pay the additional one-hour's pay, you may file a wage claim with the Division of Labor Standards Enforcement.

Answer 2

a 10 min break is required on a 4 hour shift or more. and california law insists you get a 1/2 hr lunch break before your 5th hour of work. so if you even work 5 hrs and 1 minute the store can be fined if you don't take a 1/2 lunch before the 5th hr.
if you report this to labor board the store can be fined and be ordered to reimburse you for your breaks.

Answer 3

I worked for a gasoline station in Fremont for a 12 months and a nil.5. 8 hour shifts in many situations going on. and that i in no way have been given a spoil as quickly as. My boss pronounced gasoline stations are not required to abide through a similar rules as different employer'. i do no longer understand if that genuine or no longer, yet thank God I left that job and have been given this one. the place all I do is watch cameras and write on yahoo solutions all night. Lol.

Answer 4

Answer one: California law doesn't work.

Answer two: It probably will protect you. Direct your question to the Labor Relations Board. Go search around CA.gov sites.

I didn't find this state to be particularly good to either employees or small employers. It's reall good to politicians, however.