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smilesarecontagious2
01-22-2009, 12:37 PM
Hi, again!

I know it is California law that each employee be allowed a 10-minute rest period for each 4 hours (or better part of) worked. For (roughly) 6 months when I started my company did not provide us with this rest break. We did get lunch breaks, but not the 10-minute rest periods. We then had an emergency mandatory training (we are a HUGE company) regarding meal and rest periods, and have since been provided with our breaks (uh, most of the time).

I read something about if we are not provided with such breaks, we are to be payed a penalty hour equal to our normal wage for each day this happens. During summer (camp counselor) we get a penalty hour because we don't get lunches (we eat with the kids) but during the school year we were simply not allowed our 10-minute break.

My question is was I, for roughly 6 months, entitled to a one hour penalty because I was not provided with the 10-minute rest period?

Thanks in advance!

Pattymd
01-22-2009, 12:47 PM
You can certainly file a claim with the DLSE and find out.

CAOvertimelawyer
01-23-2009, 07:26 AM
Hi, again!

I know it is California law that each employee be allowed a 10-minute rest period for each 4 hours (or better part of) worked. For (roughly) 6 months when I started my company did not provide us with this rest break. We did get lunch breaks, but not the 10-minute rest periods. We then had an emergency mandatory training (we are a HUGE company) regarding meal and rest periods, and have since been provided with our breaks (uh, most of the time).

I read something about if we are not provided with such breaks, we are to be payed a penalty hour equal to our normal wage for each day this happens. During summer (camp counselor) we get a penalty hour because we don't get lunches (we eat with the kids) but during the school year we were simply not allowed our 10-minute break.

My question is was I, for roughly 6 months, entitled to a one hour penalty because I was not provided with the 10-minute rest period?

Thanks in advance! I would not go to the DLSE on this, rather talk to a labor attorney. This could be a class action. You may also consider that if the additional hour of wage is paid, it could throw all employees deprived into additional overtime, and compound damages to be awarded.

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