Legal Question in Employment Law in California
Breaks&hair
I have a mo-hawk and the manager told me it has to go, but theres a guy of the same race as him and he could keep his beard eventhough it is not allowed, and I don't get any breaks eventhough I ask him, he just tells me ''you don't eat until I eat'' I work from eight in the morning up until four sometimes even later, this has been going on since I was a minor, what can I do?
1 Answer from Attorneys
Re: Breaks&hair
Generally an employer can set and enforce appearance standards in the workplace. Unless the policy is discriminatory on its face (applies to a specific protected class) or is applied in a discriminatory manner (selective enforcement)it will be upheld.
A beard and Mohawk may not be the same thing in terms of allowing an exception to the appearance standard - a more detailed look at the policy and how it has been aplied would be necessary.
However, the economices of such a claim would most likely preclude litigation. If the selective enforcement is based on race, you may want to file a complaint with the Department of Fair Housing and Employment.
As to meal periods, California law requires a meal period between the 4th and 5th hour of work and 10 minute rest periods for each 4 hour work period or major fraction thereof. If the employer is not in compliance, a claim should be filed with the nearest office of the Labor Commissioner.
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