Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

California rest and meal break laws California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • California rest and meal break laws California

    California rest and meal break laws have gradually changed the past decade. Employers need only make a meal break available, but California law dictates that employers are not required to force an employee to take a meal break breaks. This, however, may soon change as the leading case for California labor law meal breaks is Brinker Restaurant Corp. v Superior Court. This San Diego case may be granted review by the California Supreme Court. If granted, California labor law break periods may be much more strongly enforced in favor of the employee.
    Walter

    www.california-labor-laws-attorneys.com
    "Experienced Overtime Class Action Attorneys"


    This communication does not constitute legal advice, nor establish an attorney client relationship of any kind. You should contact an attorney prior to acting on or not acting upon any information contained herein.

  • #2
    California labor law meal break rules California

    In another governing case, Murphy v. Kenneth Cole Productions, Inc. relating to meal breaks, California employees benefited yet again when the courts determined that a missed meal break is a wage and not a penalty. This case was a very important decision for employees because a wage under California labor law meal break rules can be collected by employees for 3 years under the California labor code and sometimes 4 years under the California unfair competition statute, whereas a penalty is only collectable for 1 year.
    Walter

    www.california-labor-laws-attorneys.com
    "Experienced Overtime Class Action Attorneys"


    This communication does not constitute legal advice, nor establish an attorney client relationship of any kind. You should contact an attorney prior to acting on or not acting upon any information contained herein.

    Comment


    • #3
      California meal and break periods

      If an employee in California is not permitted or otherwise disuaded from taking a meal break of 30 minutes uninterrupted, the employer is required to pay such employee one hours wage. Another implication, is that if such failure to pay one hour for the missed breaks results in time worked over 8 hours in one day or over 40 hours in a week, the employer is also obligated to pay overtime.
      Walter

      www.california-labor-laws-attorneys.com
      "Experienced Overtime Class Action Attorneys"


      This communication does not constitute legal advice, nor establish an attorney client relationship of any kind. You should contact an attorney prior to acting on or not acting upon any information contained herein.

      Comment


      • #4
        Meal and Break Periods California

        Some examples of an employees being disuaded from taking an uninterrupted meal break are listed here:

        The company requires and employee to always wear a company cell phone or communication device so that co-workers or management can contact the employee regardless of meal periods being taken and at all times during the employees shift.

        Another example is a guard at a guard gate, wherein the guard receives no relief to take an uninterrupted break and must eat while allowing cars to pass or checking cars in at the gate of a gated community.

        In these instances, depending on the circumstances, these employees may be entitled to one hours wage for each break missed.
        Walter

        www.california-labor-laws-attorneys.com
        "Experienced Overtime Class Action Attorneys"


        This communication does not constitute legal advice, nor establish an attorney client relationship of any kind. You should contact an attorney prior to acting on or not acting upon any information contained herein.

        Comment


        • #5
          Walter, when you have such information to provide, I'd really prefer that you include all the notices in one thread. I think it's easier for the posters to keep track that way.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            I'll try but sometimes, the topics I think are better served up in subtopics ie. court cases. But thanks for the feedback.
            Walter

            www.california-labor-laws-attorneys.com
            "Experienced Overtime Class Action Attorneys"


            This communication does not constitute legal advice, nor establish an attorney client relationship of any kind. You should contact an attorney prior to acting on or not acting upon any information contained herein.

            Comment

            The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
            Working...
            X