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dblaborlawtalk
07-01-2006, 04:36 AM
What is the California Law and also National Law
Should those who work shift work be entitle to a full one hour lunch, especially if you work between the hours of 1pm - 9:30pm. Working these hours covers what normally is lunch an dinner for people. I work as a video broadcast technician under a union contract in the television field. We run a 24/7 operation where we're stuck in a room in front of a switcher board, pushing button that's keeping the TV shows and commercials on the Air. You cannot leave for bathrooms breaks nor any lunch breaks until someone can relieve you.
The way I see it, the swing-shift should get a 1 hour dinner break. The morning shift 5am - 1:30p eats dinner once they get home. The grave-yard shift 9pm - 5:30am has already eaten dinner before arriving. I leave for work around 12 noon to get to work by 1pm, lunch hour and dinner is affected, a half hour lunch is not enought to warm a meal or frecth a meal, eat it, use the rest room and return to work, during what should be the lunch and dinner hour. What do Labor Laws say about one hour or half hour break for shift work, especially the middle shift or swing-shift.

cbg
07-01-2006, 07:02 AM
There is no Federal law regarding breaks. Federal law does not require breaks of any kind or of any duration. The ONLY thing Federal law says on the subject is that IF an employer CHOOSES to offer breaks, breaks shorter than 20 minutes must be paid, and for a break to be unpaid the employee must be entirely relieved of duty.

I can tell you what the general CA law says, but it's my memory that you're in one of the industries that are exempted. Megan or Michael, or possibly mlane, can say for certain. However, IN GENERAL, employees in CA ar entitled to a ten minute paid break for every four hours worked or major fraction thereof, and a 30 minute break which can be unpaid for employees who work 6 hours or more. A second 30 minute break is required IF the employee's entire shift will be ten hours or more.

Your union contract can override this to a certain degree, so without seeing your CBA no one can say for certain if this is what you are entitled to. And again, in certain industries the law above does not apply, and I am about 75% certain you are in one of them.

You also might be interested to know that with the exception of certain factory workers in NY, nowhere in the US are employees entitled by law to a 60 minute meal break. Certainly a CBA, other contract or company policy might offer it, but the law does not require it ANYWHERE except for that one exception.

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