CA Rest Break Law Explained by an Employment Lawyer

Поделиться
HTML-код
  • Опубликовано: 6 ноя 2024

Комментарии • 62

  • @Jen.E
    @Jen.E 4 года назад +12

    Wow! I knew I was owed a 2nd break during my 8hr shift. I'm always told I'm not entitled to one. 😕

  • @falcosbejoboo2971
    @falcosbejoboo2971 Год назад +1

    I work at Usps. Can I take my Rest Period in the Usps parking lot?

  • @vanessaanders1619
    @vanessaanders1619 11 месяцев назад

    Im in California, i work at a gas station. There were many times were my boss said that because im single shift coverage (working by myself) that i dont get no lunches or breaks.. she said i signed something when i got hired stating i am okay to skip my meal breaks if i am single coverage. One i got tired of my lunches being skipped.. one i locked the store doors so i could take my lunch uninterrupted. I only sat down to eat my meal for 15mins.. i put a sign on the door letting customers know the store is closed for 15 minutes. I got a write up from my boss stating i am to take my lunch at her computer desk and watch the cameras when a customer is at my register than stop eating.. interrupt my lunch to go help a customer. I work from 330pm to 10:15pm.. is this scenario a validation? Im about to quit this job.. can i sue them for a validation once i leave the job??

  • @arsen4503
    @arsen4503 6 лет назад +3

    i have a question, I work a minimum wage job in a big store with over a hundred employees and yet it is almost impossible to take a break because there is never any coverage (When i say break I mean the 15 minutes break not a lunch). Anyways, we have to call a manager to get a break coverage and they always take 30min to an hour to get coverage and they do this with an attitude towards you. They act as if we are not allowed to take a break but know the law so instead they make it hard for us to ask for a break, sometimes no manager picks up their phone when we want to take a break. How can i handle this?

  • @goku9446
    @goku9446 2 года назад +2

    My employer never relieves me for my breaks but I never ask to go on them either. It’s not that I’m willingly giving up but I have heard him say we take our lunch breaks and rest breaks while working because the whole shift is like a big break anyway.
    What do I ask my employer for when I want a copy of my sign on sheet or contract?

  • @theresarojas2176
    @theresarojas2176 29 дней назад

    Question : I been working at my job for over 6 years , when I got hired I was never explained about when to take my breaks. They have mention once and while when it's very hot outside if your feeling over heated come inside and rest , but as they tell me they also hand me a work order.
    I have never taken a 10 minute uninterrupted break. I don't believe my boss would deny me a break but I was never told when to take breaks. They never in force or scheduled break time. My hours are 7 - 3 The minute I start work till it time to go home I have not taken any breaks i work all day. I do get my thirty min lunch break. Do I need to ask for break ? Shouldn't they have told me it's break time ?

  • @Guachale
    @Guachale 5 лет назад +3

    I've been working 11 hrs a day for the past 2 months and my manager told me today that I was not legally entitled to a third 10 minute break because it was voluntary for me to work 11 hrs. That he didnt necessarily needed me to work 11hrs but if i wanted to I could. I decide to work them because I need the money. Does it make any difference weather the employee voluntarily works OT or he is asked to by his manager?

    • @doj5113
      @doj5113 Год назад

      For as long as you are on the clock/getting paid for those hours, you should be given, by law, ALL your breaks.

  • @erikapetrizzo4894
    @erikapetrizzo4894 4 года назад +1

    I like your sense of humor. Your videos are enjoyable to watch.

  • @matteocarlini27
    @matteocarlini27 Год назад

    I work at an Amusement park and as an Entry level Manager. Cedar Fair Policy states we give our Associates 2-15 Minute breaks and 1 30- Minute lunch Break. As an Entry Level Manager, I don’t Usually take my Last 15. I always take my first break and my Lunch.

  • @MrHapkido72
    @MrHapkido72 Год назад

    What about travel time to a break area? It takes about 4 minutes to get to a break room where I work. So to and back is 8 minutes, leaving me with only 2 minutes in the break room...

  • @citrinecitrus3570
    @citrinecitrus3570 Год назад

    i work as a manager in california and since we need one manager to always be present and most days theres nobody to cover me for the last 15 minute break of my shift can i claim that i should be paid that hour penalty or is there some exception for a non salaried manager? (i usually do take 15 minutes to rest but its never uninterrupted because most of the time i have to respond to someone during that time

  • @cherico707
    @cherico707 2 года назад

    What is the labor code for the 10 minute breaks law?

  • @Antonioca
    @Antonioca Год назад

    Are you taking new cases Oakland California

  • @smerino8304
    @smerino8304 5 лет назад

    I’m in CA, I’ve been very busy at work lately due to a system integration that I forget to take my 1st 10 minute break, is it ok to add that 10 minute break to my 30 minute lunch break? I’ll be clocking out and then in on the 30 minute mark and resume that 10 minute break I missed- total of a 40 minute lunch break.

  • @adrianamercado8401
    @adrianamercado8401 4 года назад

    I worked 5 yrs as job coach for adults with intellectual disabilities and it’s 3 clients per staff my group I have no aid to help other groups have job coach and and aid. So I could never get my break they would ask to mark my breaks I just wrote a line across since I never took it. I would say I didn’t take one they said write anything at first I would write breaks on days I wasn’t even at work. Then I just wrote a line across. I currently still work for that company is there anything I can do. ?

  • @johndon2536
    @johndon2536 3 года назад

    I work 12hr shifts and my supervisor forces me to take my 1st break after only 50 min of work ? Is this bad ?

  • @bluBlaq33
    @bluBlaq33 Год назад

    I work for a Salon in Santa Monica that refuses to give lunch breaks for 8hrs or more.

  • @Aquame68
    @Aquame68 7 месяцев назад

    Do I have to take my break I don’t want to

  • @dulcesolano9666
    @dulcesolano9666 4 года назад

    What is the code number for this law?
    Thank you for teaching us. 🥇🏆

  • @JoseMorales-dz4hr
    @JoseMorales-dz4hr Год назад

    So in order to get off 30 min early, the crew will waive off breaks. So they start 7am-lunch at 11:30 work till 3. With breaks it will be till 3:30. They would rather get off at 3.

  • @AZURE_ONE
    @AZURE_ONE 4 года назад +2

    I’ve been working for more than a year full time never took a break.

  • @yeseniagarza9343
    @yeseniagarza9343 2 года назад

    Ok so in California it’s illegal to signed your 10 min break away? If the document already exists it doesn’t have any value in court?

  • @donfernandes4603
    @donfernandes4603 9 месяцев назад

    Impossible!... in a small retail environment with commissioned sales employees. Great job at running us service based retailers out of the state!

  • @starholedesigns
    @starholedesigns Год назад

    I just did the math. No breaks at $30/hr for 2.5 years is $39k !! Wow. That's what they owe me. Not to mention lunches and failure to pay prevailing wage on a public works project. You guys should have taken my case!

  • @jamielynn5951
    @jamielynn5951 4 года назад +1

    When I first started working at my job they had me sign a paper saying that I agree not to be given any lunch break or rest break ever and that I refused health benefits. I was told if I didn't sign it then I wouldn't be able to work. They told me that by my signing that paper it made it legal because I was agreeing to it. I work full time and often get overtime. We are not even aloud to sit down if there are no customers. There are an abnormal amount of cameras in the work place and other employees have been written up for sitting down for a few minutes and have had their job threatened.

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  4 года назад +6

      If you are in CA, it is unlawful to have people sign such a document.

    • @theanswerissimple
      @theanswerissimple 2 года назад +2

      I hope you talked to an attorney. I'm about to receive a $4,000 class action lawsuit check because my employer did what you said to other employees in the company.

  • @jamieg1802
    @jamieg1802 2 года назад +1

    I am at top of my field, althoug in this organizaiton, i am facing harassment, discrimination and bullying for many years now, they even stole 30k from me. They are criminals, can you please help me, they are destroying my career. Also i meant to mention they are hacking into my pc.

  • @cara1645
    @cara1645 5 лет назад +1

    What if you are forced to sign a slip that says you received a break?

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  5 лет назад +1

      When companies ask employees to sign something that isn't true, employees should politely refuse and complain to the appropriate person (HR, management). I understand that this isn't always a great option, but it is better than lying. If you lie on documents at work, then the employer's lawyer will use that against you later (if there is a case).

  • @yomero579
    @yomero579 3 года назад

    What about in the cirrent year of 2021?

  • @starholedesigns
    @starholedesigns Год назад

    I'm employed in califorina and never once heard my employer even mention a break.

  • @chuc5o
    @chuc5o 18 дней назад

    Why is my employer making me clock out for my 10 min break?

  • @TRUSTME183
    @TRUSTME183 Год назад

    I took a hour lunch & no breaks instead💯%fact 30 minutes is not enough time to eat and get back to work you would end up being rushed which is frustrating & cause anyone to have a bad day everyday after lunch!!

  • @starholedesigns
    @starholedesigns Год назад

    What if there are no breaks and no break policy? 2.5 years no break not a single mention of breaks

  • @GoHARD99
    @GoHARD99 Год назад

    happen to me went to the labor board and I ended up with a check for $22000

  • @esn1305
    @esn1305 5 лет назад

    If I missed two 10 minute breaks, should the employer pay me about 2 hours more?

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  5 лет назад +3

      Usually, the law limits one penalty per day for each type of violation. So, if you were forced to miss two breaks, it would be one penalty. If however, you missed one break and one meal break, it would be two penalty payments.

    • @erikamendez7826
      @erikamendez7826 4 года назад +1

      What if I worked for a company for 6 yrs and never got a chance to take any of my 10 min breaks?

  • @michaelarivera469
    @michaelarivera469 4 года назад

    Gap Inc breaks a lot of these laws. What can I do to be compensated for all my missed breaks? I have worked soo much for free

  • @HotDropGuapa
    @HotDropGuapa 6 лет назад +1

    I’m being forced to take my break 30min into my shift 🤦🏽‍♂️

  • @sylviagutierrez867
    @sylviagutierrez867 5 лет назад

    My manager forces us to take our 10 min break then our 30 min break right after is this ok to do under any circumstance? And the breaks are taken as early as only being at work for 30min to 1hr then makes us goes on break.

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  5 лет назад +1

      Nope. Companies are not allowed to force their employees to take their 30min meal break immediately after the 10min rest break. The 10 min break should be roughly in the middle of each 4hr block of work.

    • @sylviagutierrez867
      @sylviagutierrez867 5 лет назад

      @@braniganrobertsonlaw my gm says she.can because we work in fast food

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  5 лет назад

      @@sylviagutierrez867 Are you in CA?

    • @sylviagutierrez867
      @sylviagutierrez867 5 лет назад

      Yes in ca

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  5 лет назад +1

      @@sylviagutierrez867 The law doesn't change because you work in fast food. Your GM is wrong. :)

  • @WilliamElliottBeverlyIV
    @WilliamElliottBeverlyIV Год назад

    I'm in Hawaii and my employer wants me to clock out for a ten minute break, if I go to the rest room and take longer the 5 min they will clock us out with out prior knowledge

  • @luischavez9836
    @luischavez9836 3 года назад

    When you mention, you work in a contingency fee " you don't pay nothing " that's lied if people don't pay attention you might not pay Attorney fees but you do pay for phone calls and faxes sent etc this is why is so important to read the fine print.

  • @juanzeballos7307
    @juanzeballos7307 7 лет назад

    very helpful...thanks!!

  • @red_eye_inhisbag8756
    @red_eye_inhisbag8756 2 года назад

    Imagine working 12-14 hrs no breaks or lunches plus no accessible bathrooms. Ima retire early because of my employer

  • @jredd1000
    @jredd1000 7 лет назад

    Hey i got a question. If i work 8 hours in Minnesota i know im suppose to get 2 rest breaks but what if they wont pay us for the 2nd break? If anyone takes 2nd break they have to stay an extra 15 mins late at work, some just skip it to avoid having to stay late. Plus there isnt a actual lunch break so you gotta eat in the 15 min break. I brought it up to owner and showed him the law so now we get both breaks paid but then asked him about back pay and says hes not liable. Is this something worth getting a lawyer? Since 2013..

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  7 лет назад

      I would recommend that you contact a MN lawyer. I don't know Minnesota law but it could be similar to CA's. Call an employment lawyer that represents employees.

    • @jredd1000
      @jredd1000 7 лет назад

      Ok thanks.

    • @bigdawgplaya5456
      @bigdawgplaya5456 7 лет назад +1

      I been with my company 9yrs..they never gave us rest breaks or meal breaks they said to eat while you work...i think that's bullshit.....wondering if I have a case..

    • @bigdawgplaya5456
      @bigdawgplaya5456 7 лет назад

      I live in ca.. and I also work more than 12 hours so I'm also given a second meal break right.....please help

    • @bigdawgplaya5456
      @bigdawgplaya5456 7 лет назад

      Branigan Robertson I need ur help

  • @viscountlourdes6966
    @viscountlourdes6966 3 года назад +1

    Bro, we need to talk 😳