I dont get any breaks, can I sue my Boss?

Question

I have been working for this security company for two years. I work 8 hours shift 5 days a week, which makes me full time employee. I dont get any time for my break not even one minute. Aint I supose to get paid for the one extra hour I work? I was just thinking to myself that what California Law says??

Answer 1

Breaks and rest periods are allowed for workers under the law. Thus, superiors not giving breaks to their workers can be charged for violating the labor standard for rest periods.

Under the law, an employee is allowed to get a 15 minutes break in the morning and afternoon shifts plus a one hour meal break in between said periods.

Answer 2

Not sure about Calif. laws, but I would assume that the Labor laws are pretty much the same everywhere. If you are a regular employee, you should get a 15 minute break in the morning and afternoon and a 1/2hr. or 1 hr. lunch. Call your local Labor Board to get the facts, but I am positive that they cannot work you a full 8 hours without some type of break. Hope you have kept good records. When you call your local agency, you will be asked some quesitons and sent a form to file a formal complaint, the company will be investigated and depending upon the results, the company will probably be fined and you will be compensated.

Answer 3

Here is good synopsis from the website listed below:

"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."

Answer 4

This really depends on your job description. If you are a bona-fide "exempt" employee, no. Otherwise if you work more than three and a half hours in a day, you are required at least 10 minutes for every 4 hours that you work that is PAID.

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.

Note: the source given below should not be seen as an advertisement for any services or legal advice. I have never had any contact or dealings with them.

Answer 5

REST BREAKS
Workers in California are entitled to a 10-minute rest break for every 4 hours they work provided that the shift is at least 5 hours long. Federal law (Fair Labor Standards Act) requires that if your employer does offer to give you a break, that breaks of 20 minutes or less be PAID.

MEAL BREAK
California law also entitled workers to a 30-minute meal break if the shift is at least 6 hours long.

IF YOU AREN'T GETTING YOUR BREAKS
If you employer does not give you the rest periods that you are entitled to under California law, the employer is to pay you one hour of pay at your regular rate of compensation for each workday that the rest period is not provided. You can file a claim with CA's Division of Labor Standards Enforcement (DLSE).

PROOF
The burden is on the employer to prove that you were given the legally mandated rest breaks. If the employer cannot prove this through documentation such as timesheets, the DLSE takes your word over the employer's.

NO REPRISALS
If your employer discriminates or retaliates against you in any manner whatsoever, for example, he discharges you because you object to the fact that he’s not providing employees with rest breaks, or because you file a claim or threaten to file a claim with the Labor Commissioner, you can file a discrimination/retaliation complaint with the Labor Commissioner’s Office. In the alternative, you can file a lawsuit in court against your employer.

Answer 6

It depends - if it's a union shop (ie, you're represented by a union), it'll be in the contract.

California Labor Laws require that employers provide employees with adequate meal breaks. For most occupations, you are entitled to a meal break after 5 hours of work, provided your total days work is more than 6 hours.

When you're given a meal break, you must be completely relieved of all work related duties and be free to leave your work environment. If you have to answer the phone, watch the store, listen to a presentation, or perform any other work related items, you are not being given a proper meal break and are entitled to additional pay. When you are given a proper meal break and perform absolutely no work related duties during the break and are free to leave your work environment, then the time does not need to be paid for.

The most common violation is having employees eat at their desk while they continue to work. As you are not relieved of all duties, not only are you entitled to be paid for the time you spend working/eating, but you also receive additional compensation in terms of a meal premium. The additional compensation is equal to one hours pay for every day that you miss a meal break.

Another common violation occurs when the employee works more than 10 hours in a day. On these days, the employee is entitled to 2 meal breaks -- each lasting at least 30 minutes. In addition, the meal periods must be no more than 5 hours apart. If the employer fails to provide either one of these breaks, you are entitled to an additional hours pay. However, if you don't get either one, then you still only get the one additional hour of pay, not two hours.

They're not required to give intermediate breaks (like mid-morning or mid-afternoon).

Answer 7

actually state law regulates there lunch and break periods. But breaks are regulated by which state u live in. By federal law u are covered for a lunch break of at least a half hour but u work during that half hour u should receive reimbursement for the time worked in over time are comp time. But most states usually give the employer control of breaks and the employee is not entitled to them. .

Answer 8

Contact wage and hour in your state. Most States require by law that employers provide two 15 min breaks and 30 mins for meals per 8 hours. Read your employee handbook and conditions of employment as well. Getting screwed may have been something you signed up for!

Answer 9

You're entitle to a break of 30 minutes if I remember CA correctly for lunch. This is unpaid if you're totally relieved of duties, AND are allowed to leave the worksite. If you're forced to stay at the work site then you are required to be paid.

The poster below me got it correct before I was able to pull up the information to refresh my memory. However you still must be allowed to leave the worksite in order for it to be unpaid lunch. Lock you in (which is legal) or otherwise prevent you from leaving, and while they can't have you work, they'll still have to pay you. I know this part from a case a year or two back. Couple of employees made a killing off the back pay, interest, and the penalties.

Answer 10

if you work 40 hours you are paid for 40 hours. There is no laws for break unless you are DRIVING a security vehicle for the company or you are a minor.