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  • two 15mins breaks by law? California

    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 ??

  • #2
    how can you prove that the company doesn't give you two 15min breaks? how can i prove it??

    Comment


    • #3
      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
      Barry S. Phillips, CPA
      www.BarryPhillips.com

      IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

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      • #4
        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??

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        • #5
          http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            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.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              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 ?

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              • #8
                The Division of Labor Standards Enforcement (DLSE)

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                • #9
                  Did you read the links that were posted? The info is spelled out pretty clearly there.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                  • #10
                    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?

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                    • #11
                      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

                      Comment


                      • #12
                        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.

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                        • #13
                          thanks alot for the help on this

                          Comment


                          • #14
                            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.
                            Barry S. Phillips, CPA
                            www.BarryPhillips.com

                            IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

                            Comment


                            • #15
                              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.
                              Barry S. Phillips, CPA
                              www.BarryPhillips.com

                              IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

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