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Rest & Meal Breaks California

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  • Rest & Meal Breaks California

    I work at a small production shop and belong to the IBEW union. Our work schedule is a 4 day per week, 10 hour per day schedule. We start at 5:30 am and finish at 4 pm. For 20 years, we took our breaks at 9:30 am and 2:00pm with our lunch at 11:30 am. We were comfortable with these times. With in the last year, Management has decided to force us to change our break schedule to comply with the state law. My question is, is there any way we as employees can return to the previous break schedule without putting our company into legal problems?

    Thank you for any Help

  • #2
    No. Your company can not violate the law because you want them to do so. That just isn't a defense that is going to fly.

    Even if your company simply wanted this to change, absence language in the CBA that specified when these breaks must take place, they could change it.
    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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    • #3
      First off what change was made? The timing of the break or are they making you take a second lunch?

      The second lunch can be waived if BOTH the employee & employer agree and I am guessing everything is okay'd through the union.

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      • #4
        http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm

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