Legal Question in Business Law in California
Rules and Regs at the Workplace
Are employers allowed to give a 30 min lunch break for an 8 hour day?
Are they allowed to only provide employees with 8 holidays?
What can an employee do anonymously if an employer is not permiting 10 minute breaks?
2 Answers from Attorneys
Re: Rules and Regs at the Workplace
30 min lunch and 10 min breaks are 'required'. If not given, a claim can be made through the Labor Commissioner. You could make it anonymously, but they won't likely do anything about it. Made as a wage claim for yourself, you are entitled to recover the unpaid time, interest and substantial penalties.
Feel free to contact me if interested in pursuing such claim. If others also are denied breaks/lunches, then join forces and pursue as a group.
Re: Rules and Regs at the Workplace
Answer to question #1 (30-minute meal breaks): Yes, this is permitted. See Labor Code section 512.
Answer to question #2 (holidays): I do not know of, and could not find, any statute requiring an employer to give any holidays at all. As far as I know, holidays are a matter for negotiation between the employer and the employee or his or her union, if any.
Labor Code 226.7 and rulings of the IWC require an employer to "authorize and permit" 10-minute rest breaks during each 4-hour work segment.
Please note that while the 30-minute meal breaks must be offered and taken, the 10-minute rest breaks must be offered, but the employee is not required to take the breaks; he/she may work through the break time voluntarily.
I would say that an anonymous complaint could be made to the Labor Standards and Enforcement section of the California Industrial Relations Department - look for a phone number in the State Government listings in any fairly big-city phone book and call for further advice.
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