Legal Question in Employment Law in California
Employee rights to breaks
Where I work, we are classified as hourly workers, separate from part time and full-time. This exempts us from PTO. We work two days a week, 10 hours per day for 20 hours total. We work 7-5:30, and get a 30 min lunch. Usually, we take lunch after 1 pm, around 2, sometimes 3. We don't officially get a 10 minute break. If the law is 30 min per 5 hours, what about the law stating payment to employee per day of one hour regular work time for every day that he/she does not get a half hour break every 5 hours. Does that apply to what my company calls ''hourly employees''? Can't we, by law, take a half hour lunch at noon? Is my company violating any laws by not requiring us to take lunch in those 5 hours. Our line of work makes it more beneficial for our company to continue working until all work is done (meaning sometimes, until 3 or later).
2 Answers from Attorneys
Re: Employee rights to breaks
The law requires that the meal period be within the 5th to 6th hour. If you work more than 10 hours you must be provided a 2nd meal period, unless waived in writing and the first meal period was provided. Breaks are required as well at 10 minutes for each 4 hour period or major portion thereof. Thus, you are entitled to 3 breaks of 10 minutes as well as a meal period between 12:30 PM and 1:30 PM.
If you are not paid overtime for the 9th and 10th hours of work, a close examinaiton of the company's Alternative Work Week disclosure might also be in order.
If I can be of any assistance, feel free to contact me via phone or email
Re: Employee rights to breaks
It appears that several violations may exist here. If you wish to discuss, please contact us at (510) 891-9800 for more information and ask for Matthew Bainer.
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