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#1
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Hello, I just started a new job, my question is can an employer work you 5 1/2 hours with only a 10min break and anything over that (6 to 8hrs) with only a 30min lunch no breaks. Basically say I worked an 8hr shift and during that 8hrs I was given only a 30min lunch which means I worked 7 1/2 with no breaks. also do franchises have to follow the labor laws just like anyone else. Thank you from California
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#2
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Under California law, an employer is required to provide non-exempt employees with a meal period of a half hour if the employee works over 5 hours. This can be waived by mutual agreement. There are other rules for hours stretching into the 10th hour, etc., but it doesn't sound like that is pertinent to your situation.
As far as meal periods are concerned, the state says: California employees covered by the rest period provisions of the Industrial Welfare Commission Wage Orders must be provided with a net 10-minute paid rest period for every four hours worked or major fraction thereof. Insofar as is practicable, the rest period should be in the middle of the work period. If an employer fails to provide an employee a rest period, the employer shall pay the employee one hour of pay at the employee’s regular rate of pay for each workday that the rest period is not provided. |
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