Legal Question in Employment Law in California

My employer has just changed the way rest breaks work now to set times during the day. Yesterday I was scheduled to work from 10:00am 3:00pm and was told to go on my break at 10:45am. I explained to them that I was not ready for a break and would prefer to break when I actually need it. They ignored my request and forced me to go then, leaving me 4 more hours straight with no breaks. I wanted to know if this is legal.


Asked on 5/06/11, 11:13 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Employers are required to provide a 10 minute rest break for every 4 hours worked. They are supposed to provide the break as close to the middle of the 4 hour shift as is practical for the business. The nature of the business and the type of work you do, along with other factors would determine whether the employer should be allowing breaks more toward the middle of the 4 hours. If you believe the employer has no justification for requiring you to take early breaks, you can complain to the California Division of Labor Standards Enforcement.

Read more
Answered on 5/06/11, 11:20 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California