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break compliance - different question for once California

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  • break compliance - different question for once California

    so i have a question about breaks/lunches. this is a lil different than usual. at my workplace we work 2hours straight, then are required to take our paid 10min break, then we are required to take an almost 50minute unpaid lunch directly after. then after this unpaid lunch we go back to work for an hour or so. are there any laws against this? me and my other coworkers are sick of sitting around for an hour to work for another hour. we all feel that this cant be right and i cant find it in the labor code. any help would be appreciated because this makes it very hard for us to make hours
    Last edited by effects; 07-08-2008, 09:15 PM.

  • #2
    If your employer requires that you take a 50 min. lunch break, then you have to take a 50 min. lunch break. (A lunch break by Ca. law of at least 30 min. is required for non-exempt employees who work for a period of more than 5 hrs. per day but your employer can require a longer lunch break than what is the minimum required.)
    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

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      so theres nothing about a minimum hours needed before you get a lunch break? i mean im sure you can imagine working for 2hours, taking a 1hr unpaid lunch, then going back to work for an hour. it makes it impossible to get more than 3hrs/day * 5days/week. theres gotta be something wrong with that.

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      • #4
        Sorry, but your employer can require meal & rest breaks that are more favorable to the employee than the law requires but not less favorable. Even if you don't work more than 5 hrs. per day, your employer can require a meal period & they can pick the length of time.
        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

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          So you work say 8-12. You work until 10, take 10 min rest break immediately followed by a 50 mins lunch break. Come back at 11 & work until 12, then go home for the day?

          While being required to take a 50 min meal break when one is not required is perfectly acceptable. The one thing I find that may be iffy, is the combinining of the rest & meal break which may not be legal. According to California Labor Law Digest rest breaks may not be combined with meal breaks, even at the request of the employee.

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          • #6
            Basd on the amount of hours worked one of the breaks is not required. So the 10 min break followed by lunch break (with no interuption) can be considered a one hour lunch and thus legal. You want more hours seek new employment
            http://www.parentnook.com/forum/

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            • #7
              Originally posted by christamcd View Post
              So you work say 8-12. You work until 10, take 10 min rest break immediately followed by a 50 mins lunch break. Come back at 11 & work until 12, then go home for the day?

              While being required to take a 50 min meal break when one is not required is perfectly acceptable. The one thing I find that may be iffy, is the combinining of the rest & meal break which may not be legal. According to California Labor Law Digest rest breaks may not be combined with meal breaks, even at the request of the employee.
              yea thats exactly what happens..it didnt used to be like this, started 3-4 months ago...before we were just given the 10min paid break, then the company wanted to cut hours so they make us take the 50min unpaid lunch directly after out 10min paid break.

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