Legal Question in Business Law in California

setting the clock, taking breaks

my boss set the clock ten minutes early. I told her that I could set it right for her, but she refused. Because I wanted to keep my job I came in every day ten minutes early. On my second day on the job, I came at exactly nine o'clock, which on her clock said nine ten. she told me I was late, and that I needed to call her first if I was to be late.

flash forward to a month later I am actually ten minutes late for the first time, I tell her I am sorry, but she fires me on the spot. Technically I was only late once, because of her clock. Is this legal?

also I worked six hour shifts, and all she gave me was one fifteen minute break off the clock a day, is this legal?


Asked on 8/10/06, 3:13 pm

1 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: setting the clock, taking breaks

California is an "at will" employment state. Unless you were protected by a union collective bargaining agreement, your boss could have fired you for any reason or no reason at all so long as it was illegal (i.e. race discrimination, etc.)

California employees covered by the rest period provisions of the Industrial Welfare Commission Wage Orders must be provided with a net 10-minute paid rest period for every four hours worked or major fraction thereof. Insofar as is practicable, the rest period should be in the middle of the work period. If an employer fails to provide an employee a rest period, the employer shall pay the employee one hour of pay at the employee�s regular rate of pay for each workday that the rest period is not provided.

An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee.

A second meal period of not less than thirty minutes is required if an employee works more than ten hours per day, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived.

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Answered on 8/10/06, 3:20 pm


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