PDA

View Full Version : two 15mins breaks by law? California


walters9515
05-22-2007, 08:29 AM
What law states that jobs are suppost to give u two 15min breaks?

If the company you work for doesn't give u two 15 min breaks what can you do about it ??

walters9515
05-22-2007, 08:32 AM
how can you prove that the company doesn't give you two 15min breaks? how can i prove it??

BSPCPA
05-22-2007, 09:07 AM
walters9515: What law states that jobs are suppost to give u two 15min breaks?

Non-exempt houly employees are entitled to a 10-minute, paid rest break for every 4 hours they work, as set forth in California's Wage Orders http://www.dir.ca.gov/iwc/WageOrderIndustries.htm

walters9515
05-22-2007, 09:11 AM
so does hourly workers get it or not?

or its just salary workers only??

most of the factory jobs i did had two 15 min breaks because the clock would ring through a speaker to let everyone know its break time

but if other jobs don't do this is this breaking the law? and how??

DAW
05-22-2007, 09:30 AM
http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm

cbg
05-22-2007, 09:38 AM
There is NO state (with the sole exception of some limited hotel jobs in Illinois) where the law requires an employee to get two fifteen minute breaks. If all your previous employers have offered two fifteen minute breaks, that is very nice but they did more than is required by law.

In CA, all non-exempt employees are entitled to a ten minute break for every four hours worked. They do not need to ring a bell and or announce it over a speaker. They need not allow all employees to take it at once. They can let the employees go in shifts, or one at a time, as long as each employee gets a 10 minute break for every four hours or major fraction of four hours that they work.

If you are not receiving the breaks as required (and again, that means TEN minute breaks, not fifteen - there is NO LAW requiring that you get 15 minute breaks) you can file a complaint with the DLSE.

walters9515
05-22-2007, 04:41 PM
1.) you can file a complaint with the DLSE.

What is the DLSE mean?
what does the DLSE do?

2.) In CA, all non-exempt employees are entitled to a ten minute break for every four hours worked

Is this by law or not? do i have rights to have a 10 min break for every 4 hours or not?

What is a non-exempt employee? hired? salary? or hourly i don't get it?

What are my rights if i'm not getting 10 min breaks for every 4 hours ?

walters9515
05-22-2007, 04:43 PM
The Division of Labor Standards Enforcement (DLSE)

ElleMD
05-22-2007, 04:44 PM
Did you read the links that were posted? The info is spelled out pretty clearly there.

walters9515
05-22-2007, 04:53 PM
ya i did i printed it out thanks alot but i'm still don't understand about is this for all workers under salary or hourly or what

what does non-exempt employees mean?

walters9515
05-22-2007, 05:00 PM
how can you prove that the company doesn't give you two 15min breaks?

how can i prove it??

The problem i'm having is how can i prove it or do i have to prove it?

because im just being slammed with work back to back with no breaks at all

JulieBean
05-22-2007, 05:17 PM
Have you told your supervisor that you're not getting your breaks? If he doesn't care, show him the printout of the link DAW gave you and see what he says.

How do you prove it? I don't know... you can write down the date when you brought this information to your supervisor's attention to document that you did tell him. Other than that, there's not much you can do.

If you want to know about exemp/non-exempt, just look up FLSA (Fair Labor Standards Act) on the Federal DOL website. Basically it means you're not exempt from overtime (meaning you should be paid OT after 8 hours in a day and/or 40 hours in a week), and they are generally paid hourly. More info can be found here: http://www.dol.gov/dol/topic/wages/index.htm

Before you ask any more questions-- Google is your friend. A lot of your questions could be answered with a quick look at the DOL website.

walters9515
05-22-2007, 05:22 PM
thanks alot for the help on this

BSPCPA
05-22-2007, 05:35 PM
walters9515: how can you prove that the company doesn't give you two 15 minute breaks?

1. As posted numerous times above, hourly employees are only entitled to 10 minute breaks, not 15 minute breaks in the state of California.

2. How can you prove you were not afforded your legally required breaks? You can strengthen your case by providing corroborating statements from co-workers - those who witnessed you working hours on end without taking a break.

BSPCPA
05-22-2007, 05:41 PM
JulieBean: A lot of your questions could be answered with a quick look at the DOL website

The DOL (federal) does not require any types of breaks for employees, so you are not likely to find much help there. The DLSE (state of California) does require rest breaks, and DAW provided the link to the DLSE website where rest breaks are discussed ad nauseam.

JulieBean
05-22-2007, 05:44 PM
JulieBean: A lot of your questions could be answered with a quick look at the DOL website

The DOL (federal) does not require any types of breaks for employees, so you are not likely to find much help there. The DLSE (state of California) does require rest breaks, and DAW provided the link to the DLSE website where rest breaks are discussed ad nauseam.

I should have been more specific. I was advising the DOL for his several recurring questions regarding hourly and non-exempt employees.

Sorry for the confusion.

DAW
05-22-2007, 06:01 PM
1.)
What is a non-exempt employee? hired? salary? or hourly i don't get it?


There is a federal law called Fair Labor Standards Act (FLSA). This is one of the very basic laws that rules payroll.

Non-Exempt employees are paid overtime (OT) for hours worked past 40 in the work week and employers are legally required to track hours worked. Exempt employees have no right to paid overtime. Employers are allowed to track hours worked for Exempt employees, but are not legally required to do so.

All employees are Non-Exempt until and unless the employer can support one of the Exempt classifications (see web page below). Employers are never required to make any employee Exempt. Microsoft can treat Bill Gates as Non-Exempt if they want to. If the employer chooses to make an employee Exempt (not always legally possible), then the employer is required to follow the rules associated with the Exempt classification.

http://www.dol.gov/esa/regs/compliance/whd/fairpay/main.htm

Hourly and Salaried are payment methods. All Non-Exempt employees without exception can be paid on either a Salaried or Hourly basis, and it is the employer's choice as to which payment method is used. The most common FLSA regulation for Non-Exempt Salaried is the 29 CFR 778.113, although outside of CA Fluctuating Workweek and Belo Plans are also possible.

Exempt is complicated because much/most of the time the Exempt classification specificies the payment method. Employees deemed Exempt under the Administrative, Executive and Professional classifications must be paid on a Salaried basis at least $455/week under federal rules ($600/week in CA for 2007). The Exempt Salaried regulation is 29 CFR 541.602.

The FLSA regulations can be found at:

http://www.dol.gov/dol/allcfr/ESA/Title_29/Chapter_V.htm

walters9515
05-22-2007, 06:54 PM
so how do u know if the company is Non-Exempt employees or exempt employees?

BSPCPA
05-22-2007, 08:43 PM
You mentioned somewhere in this thread that you are a factory worker. Unless more than 50% of your time is spent supervising other employees, you are most likely an hourly, non-exempt employee, which means you are entitles to a 10 minute, paid, rest break every 4 hours - to be taken at approximately the 2 hour mark.

cbg
05-22-2007, 10:07 PM
Also, as I told you on the other site where you posted this, you don't have to prove that you haven't received your 10 minute breaks; the company has to prove that you did.

DAW
05-23-2007, 06:37 AM
so how do u know if the company is Non-Exempt employees or exempt employees?

I agree with the other answer that it is very unlikely that a factory worker who is not a supervisor is Exempt.

Are you paid overtime (OT) when you work more then 40 hours in the workweek (federal rules) or more then 8 hours in the workday (CA rules)? If you are paid OT, then you are Non-Exempt.

http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

* Find more information on Hiring.
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements