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Shouldn't I be entitled to work full time? California

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  • Shouldn't I be entitled to work full time? California

    I have been working the night shift at my job full time (40 hours a week) for a year now. Then all of a sudden the manager puts up a schedule giving me only 4 days(32 hours) instead of 5 days(40 hours). In fact, this didn't just happen to me, but a number of my co workers as well. My manager has said it will be like this from now on and sometimes we will only be getting only 3 days a week. A lot of my co workers are angry, including myself.

    The way I understood the law was that if I worked full time for more than 2 weeks I am entitled to keep receiving full time. Can someone clear this up for me? Do I have a case here?

    Also, we will not be receiving lunch breaks starting next week. We will be working 8 hours with no lunch break. This isn't possible, right? Can my company do that?
    Last edited by JOSH0809; 10-10-2010, 03:18 PM. Reason: we will be working 8 hours, not 8 and a half

  • #2
    I thought I'd heard 'em all, but I've never heard THAT one before. There is no such law about getting 40 hours. In any state. You MAY be able to get partial UI benefits for the weeks in which you work less than 40; it would behoove you to open the claim now, especially if future weeks see you with as few as 2-3 days per week.

    However, lunch breaks and rest breaks are different. Will you be working at least 5 hours per day?
    http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm
    http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Yes, I will be working 8 hour shifts with no lunch break apparently. Apparently I won't even get bathroom breaks either.

      I work alone in a parking toll booth collecting money from customers. Apparently, we will no longer have anybody to come and give us breaks. How will I be able to use the bathroom if I needed to? Just leave? It makes no sense.

      By the way, this is only happening to the night shift. Morning and afternoon shifts will still get breaks.

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      • #4
        You are not guaranteed 40 hrs. a week unless you would have a legally
        binding employment contract guaranteeing such hrs.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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        • #5
          Originally posted by JOSH0809 View Post
          How will I be able to use the bathroom if I needed to? Just leave? It makes no sense.
          When you ask this question, what is the answer? OSHA guidelines state that employees must be provided with "reasonable time" to use the restrooms facilities.

          Did you read the FULL text of the pages to which I provided the links? There are sections in there about exceptions when the employer is the sole worker at a site.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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