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Lunches and breaks California

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  • Lunches and breaks California

    Several questions here, all related to lunches and breaks.

    I'll start with breaks...

    My sister's daily schedule is from 6:30 to 1:00 (time she is released to return to her base, which is another 15-30 minutes depending on several circumstances and that time is still on the clock). How many breaks is she entitled to by law? My understanding is she should get 2 10 minute breaks and a 30 minute unpaid meal break. Depending in who her daily supervisor is, she is told different things. Most tel her to take 2 breaks and a lunch, 1 tells her she either gets 1 break and a lunch or 2 breaks and no lunch, even if her shift is extended.

    Second question is on days her shift is longer (10 hours) , her company asks employees to waive their lunch break. I thought that after 6 hours, an employer can not ask you to waive your meal break unless its the 2nd meal break. Additionally, employees are often required to take their unpaid lunch break on the premises, with no access to their personal vehicles. The premises are a 10 minute drive away from their base and they are not allowed to return to their base.

    There is no current CBA (negotiations are on going, but there has never been a CBA to this date). No one has signed a meal or rest period agreement.

    Finally, can an employer deny employees access to a restroom when requested?
    Last edited by dragonflychaser; 06-23-2017, 09:37 PM.

  • #2
    https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm

    https://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm

    https://www.google.com/url?sa=t&rct=...GMohCwkunQIZRA
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      when you say base/return to base is this some type of military/contractor job? or do you just mean her primary office location? just want to clarify that in case that makes a difference to the answer (not sure it would though)

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      • #4
        Originally posted by hr for me View Post
        when you say base/return to base is this some type of military/contractor job? or do you just mean her primary office location? just want to clarify that in case that makes a difference to the answer (not sure it would though)

        The bus yard is "base".

        Over the past several months there have been several wage order 9 violations, the company even admits this in regards to lunches. However they have recently started declining breaks regularly to select drivers

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