working laws: i work 8 hrs, in california, no 2 breaks?

Question

i work 8 hrs i usually get a 15 min break and a 1/2 hr lunch. can they do that? im told by my friends that i should get 2 breaks and a lunch , and if tru what can i do?

Answer 1

California law says that employees must receive a 30 minute meal break after 5 hours of work. [In the health care industry, an employee can agree, in writing, to waive their lunches. Further, employees working under a collective bargaining agreement ( through a union) may not be subject to the rules regarding lunches.]

As far as breaks go, California labor law requires that employees get rest breaks if they work more than 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. So if you work 5 hours, get your lunch, then you won't make the 4 hours up in the rest of your shift to qualify for another break.

Also rest breaks are work time and you must be paid for them, but you can be required to fullfill job duties during your break (since it's paid) and that would be entirely legal. So maybe they ARE giving you two breaks, but one of them is a working break.

I hope that helps. If your job IS failing to provide you a break, you can recover one hour of pay for each work day that the break is not provided.

I hope that helps!

Answer 2

California Work Break Laws

Answer 3

I really think it depends on the type of job that you have. I'll give you some personal examples.

When I was younger and in college, I had your typical fast food job and I got 1 half hour break for every shift I was scheduled that was 6 hours or more. The teenage, high school kids were given 15 minute breaks for every 4 hours.

When I worked at a call center it was a 15 minute break for every four hour shift, 30 minute lunch and a 15 minute break for every 6 hour shift, and two 15 minute breaks and 30 minute lunch for every 8 hour shift.

In FIVE years of delivering pizza I never once received a dinner or 15 minute break. Maybe they consider driving the deliveries in your car as a break, I don't know.

Currently here in Las Vegas I work as a substitute teacher and at a group home for individuals born with developmental deficiencies. At my group home job, I get NO breaks whatsoever, but then again we typically eat with the clients, take them out in the public for errands, and it's a very relaxed atmosphere. When I'm teaching, I get a 30 minute lunch and a break only if I'm not needed to cover another class and it the break is scheduled in the teacher's schedule(prep period).

All of these jobs are different and in each one I received a different number of breaks. Given how slippery it is to determine the law, in each field it may be easy to classify something you wouldn't consider a break as a break to your company. As someone else pointed out, you may be getting the break and not know it. Either I was jipped of some breathers from work or as I stated, each job meets different criteria. You may want to ask your employer and check the labor laws most companies are required to post, but I would assume that if they were doing something illegal, it would have come up before now.

Answer 4

The break rule is 15 minuets for every 4 hours worked. For 6 hours worked you get a lunch{not defined as an hour, can be half an hour} and 1 break are allowed. A 7 /12 hour shift does not get a second break, but it is a bit tick tack. Work 4 take 15 min. work 2 take lunch an hour an a half later go home.

Answer 5

You're entitled to a 30 minute meal break, and a 10 minute break in each work period of 3 1/2 hours or more.

Your boss 'could' get around giving you two breaks by working you 5 hours - with a 10 minute break - then having you take lunch, then working 3 hours, no break needed, but if you work 4 and 4 then you're entitled to 2 breaks.

Richard

Answer 6

if you are entitled by CA's state laws to get another 15 min. break than talk to your employer about that. My husband works his 8 hours w/ two 15 min breaks and a lunch. Sounds to be about the standard, but what do I know? Either way, I work 10 hour shifts at night with no allotted breaks so personally, I wouldn't really complain much about losing 15 mins of break time unless your work is very taxing.

Answer 7

In California you must be given 2 ea. 10 minute paid breaks, and at least 1/2 hour unpaid lunch. The bulletin board at your work should have a poster of the laws - point them out to your supervisor and see what they say about it. If they don't have the poster, call the labor board for your county and report them anonymously. Good luck.

Answer 8

You are required to have one 15 minute break for every four hours you work and a half hour lunch if you work six hours or longer.

Your employer is breaking the law.

Answer 9

One break in the morning, then lunch break and another break in the afternoon as provided for by law.