Legal Question in Employment Law in California

Our time clock asks if we received a break during our shift, if I didn’t I press no. Our manager is then notified and they will come speak to us and ask us to sign electronically on the Panasonic just confirming I didn’t get a break. Come to find out what they are having us sign is a form stating we actually did receive a break. That way they don’t get penalized and they don’t have to pay me penalty pay. I have asked for copies of the forms I have signed and I was given just a copy of the document in general not my actual form.

Also can my manager tell me if I don’t receive a break then to take it right before I clock out?

I work 11pm-3am and then 6:30pm to 10:30pm would this be considered a split shift?


Asked on 1/14/24, 1:58 pm

1 Answer from Attorneys

It sounds like you are very confused as to how the system works. If you didn't take a break, you're supposed to press "no." Right? Why wouldn't you press "no" if you didn't get your break? If you don't press "no" they ask you to sign verifying that you did get your break. Seems pretty simple. If you want them to get penalized and you want penalty pay you press "no" on the time clock. If you are not pressing "no" when you don't get a break you may be violating your terms of employment and subject to discipline or termination.

Your half-hour break must be taken within the first five hours of a shift.

It doesn't sound like you work 11p to 3a and then 6:30p to 10:30p. That schedule is an 8-hour shift from 6:30pm to 3:00am with a half hour break between 10:30 and 11:00, That's completely legal.

Read more
Answered on 1/15/24, 11:19 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California