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forced to work on 30 min break.

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  • forced to work on 30 min break.

    this is for california.

    i work at jack in the box as a night manager. most nights that i work, i am the only person there that speaks english. so no one in the store but me can work the drive thru. the general manager of the store, requires me to clock out for my 30 min break. yet while i am "taking" my break i still have to cover drive thru. so if i get any guests, i must take thier order and get it out even if im on my break. her reason for this is because at night its slow and there are times when there is no cars. i dont see the logic in this becasue when there is no cars, that is when ur suppose to clean, stock, do prerush check, and regradless if no one comes i am still technically on call. if i dont clock out for my 30 min break every day, i will have my hours cut for the week. what i want to know is, is this legal for her to make me do this? if it isnt, what do i do about it?

  • #2
    Assuming you are a nonexempt employee (are you paid hourly and do you get overtime pay?), you must be paid for all hours you work. And you are working if you are required to remain available to work the drive-thru during your meal period.
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.15.htm
    http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
    http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm


    If you are nonexempt, you can file a claim with the Division of Labor Standards Enforcement, both for failure to provide a bona fide meal period and for unpaid wages. If you are exempt, you are not entitled by law to any additional compensation no matter how many hours you work.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      the reason she got all pissed off about me not taking a 30 min break was becasue i was costing her too much in overtime. she just gave me back my 40 hours a week and told me that I have to clock out for my 30 mins breaks. Sergio and I have to use a timer upfront so we can know when to clock back in because we are working while on break. the only time we can take our breaks is when we work together. and thats only once a week sometimes 2. what she is doing isnt fair for the both of us and i want it to stop.
      Last edited by firestormgen; 02-07-2006, 09:35 PM.

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      • #4
        Then, file the claim.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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