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Federal vs State Laws, Contractual California

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  • Federal vs State Laws, Contractual California

    Some background first....

    You could say that I work for a Federal agency in the state of California. The other part is that I get paid a salary based on the number of hours that they think the work is based on. To that end, we get paid the same no matter how many hours we work. For me, that has varied from 4 to under 12 hours for the entire time that I've worked for this place. Typically, I'm working around 6-7 hours a day, provided the workflow is even. Once the work is done though we can go home and we get paid for the full day.

    The question is about breaks. I've gotten into trouble with this before when I thought that I had the right to a break but I was told that I wasn't allowed to take any breaks. As far as I know, when the workload is calculated, breaks aren't even added in. However, because we are under contract and can leave early, are we entitled to breaks?

    Or how about this situation where I was working 10-11 hours a day and only entitled to one half hour unpaid lunch break. As a side note, we weren't relieved of all responsibility during that time as we were always responsible for items held in our possession. Should I have been entitled to breaks during this period? I was paid hourly during this time period as well, because I went over a 40 hour work week and was under a different classification than I am now (noncareer vs career).

  • #2
    What do you do? If you are exempt, you need not be paid for OT and would be paid the same regardless of the number of hours you work. You also would not be entitled to rest breaks though they could be offered.
    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.


    • #3
      Rural postal carrier.
      Also, when I meant hourly I meant I was paid like an hourly person which meant anything over 40 was OT.


      • #4
        Looks like "task-based" pay, maybe. It's how we pay our crossing guards and sanitation workers, for example. Having said that, though, to my knowledge, a union contract cannot waive the rest break requirements in CA. Contact the DLSE to confirm.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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