Ley de pausas para comer y descanso de California (2023): calculadora rápida + gráficos
Según la ley de descanso para comer de California (que es mucho más generosa para los empleados que la ley laboral federal), si usted es un trabajador no exento, tiene derecho a un descanso para comer de 30 minutos ininterrumpidos y libre de impuestos si trabaja más de 5 horas. en una jornada laboral. También tiene derecho a descansos ininterrumpidos de 10 minutos libres de impuestos por cada 4 horas que trabaje (o una “fracción importante” de las mismas). Si su jefe no cumple con los requisitos de la ley de descanso, debe pagarle una hora extra de pago regular por cada día en el que se haya producido una infracción del descanso para comer, y otra hora extra de pago regular por cada día en el que se haya realizado un descanso. ocurrió la violación.
Calculadora de pausas para comer y descanso
Esta calculadora de períodos para comer y descanso le indicará a cuántos períodos para comer y/o descansar tiene derecho según la ley laboral de California.
Cuadro de la ley de descanso de California
| Horas en el reloj | Descansos |
|---|---|
| 0 – 3:29 horas | 0 |
| 3:30 – 6 horas | 1 |
| 6:01 – 10 horas | 2 |
| 10:01 – 14 horas | 3 |
| 14:01 – 18 horas | 4 |
| 18:01 – 22 horas | 5 |
Requisitos de descanso de California
- Tu jefe debe darte un descanso de al menos 10 minutos consecutivos que sean ininterrumpidos.
- Se deben pagar los descansos.
- Si trabaja al menos 3,5 horas al día, tiene derecho a un descanso. Si trabaja más de 6 horas, tiene derecho a una segundo descanso. Si trabaja más de 10 horas, tiene derecho a un tercer descanso.
- Los descansos deben, en la medida de lo posible, realizarse a mitad de cada período de trabajo. Si trabaja aproximadamente 8 horas, debe tener un descanso separado antes y después de la pausa para comer.
- Es posible que su jefe no le exija permanecer en las instalaciones de trabajo durante sus descansos.
- No se le puede exigir que trabaje durante los descansos requeridos. [California. Laboratorio. C.226.7]. PERO, eres libre de saltarte tus descansos siempre que tu jefe no te aliente ni te obligue a hacerlo.
Cuadro de la ley de pausas para comer de California
| Horas en el reloj | Descansos para comer |
|---|---|
| 0 – 5 horas | 0 |
| 5:01 – 10 horas | 1 |
| 10:01 – 15 horas | 2 |
| 15:01 – 20 horas | 3 |
| 20:01 – | 4 |
Requisitos de la ley de descanso para comer de California
- Si trabaja más de 5 horas al día, tiene derecho a una pausa para comer de al menos 30 minutos que debe comenzar antes de finalizar la quinta hora de su turno. PERO, puede acordar con su jefe renunciar a este período de comida siempre que no trabaje más de 6 horas en la jornada laboral. También puedes acordar con tu jefe una pausa para comer durante el servicio que cuenta como tiempo trabajado y es remunerada.
- Si trabaja más de 10 horas al día, tiene derecho a una segunda pausa para comer de al menos 30 minutos que debe comenzar antes de finalizar la décima hora de su turno. Puede acordar con su jefe renunciar al segundo descanso para comer si no trabaja más de 12 horas y no renunció a su primer descanso para comer.
- Se le debe permitir tomar su descanso para comer fuera del lugar de trabajo y pasarlo como desee, ya que está fuera del horario laboral.
- No se le puede exigir que trabaje durante ningún descanso para comer requerido. [California. Laboratorio. C. 512].
- A partir de 2012, su jefe tiene la obligación afirmativa de garantizar que los descansos estén disponibles para usted, pero la toma real de los descansos para comer queda en manos del empleado. En otras palabras, eres responsable de “romperte” a ti mismo.
Tenga en cuenta que los descansos y los descansos para comer se supone que son separados, no deben combinarse. Su jefe no puede darle un solo descanso de 1 hora y decirle que eso cuenta como todos sus descansos y comidas.
Tenga en cuenta que existen muchas excepciones a lo anterior para determinadas industrias, como la construcción, la atención sanitaria, las viviendas colectivas, el cine, la manufactura y la panificación.
¿Puedo saltarme o renunciar a mis descansos?
Los empleadores están obligados por ley a poner a su disposición períodos oportunos para comer y descansar, pero no están obligados a obligarlo a tomarlos. Eso depende de usted como empleado. Si decide saltarse o renunciar voluntariamente a su comida o descanso, o hacerlo tarde, sin presión ni estímulo por parte del empleador, entonces eso está legalmente permitido. PERO recuerde que, según las leyes laborales de California, los empleadores tienen el derecho de establecer su horario de trabajo, incluido su horario de descanso. Si bien no están obligados a hacerlo, los empleadores tienen derecho a ordenar a los empleados que tomen sus descansos para comer y descansar. Si el empleado no cumple, el empleador tiene derecho a disciplinarlo o despedirlo por insubordinación. Por lo tanto, siempre es una buena idea discutir con su empleador de antemano su intención de saltarse o renunciar a cualquier descanso para comer o descansar, o tomarlos tarde.
¿Puedo demandar a mi empleador por violar la ley de pausas para comer y descansar de California?
Sí, puedes y deberías. Si su empleador le niega descansos y comidas, tendrá derecho a recibir una multa de 1 hora de salario por día en que se le negaron los descansos, y una multa adicional de 1 hora de salario por día en que se le negaron los descansos para comer ( con una pena máxima de hasta 2 horas de salario por día). Podemos ayudarle a presentar una Queja de la junta laboral de California. Llámanos al (213) 992-3299. Tenga en cuenta que sus reclamaciones están sujetas a plazos de presentación estrictos. Para las infracciones de las pausas para comer y descansar, el plazo de presentación generalmente se considera de 3 años gracias a una decisión reciente de la Corte Suprema de California. [Murphy contra Kenneth Cole Producciones, 40 Cal.4th 1094 (2007)], pero en ciertos casos podría aplicarse un plazo de presentación de 1 año.
Soy un trabajador asalariado exento, ¿aún puedo demandar a mi empleador?
La respuesta correcta es “depende”. Existen muchos tipos de exenciones según las leyes laborales de California. Si es supervisor, puede estar sujeto a la exención de supervisor, también conocida como exención ejecutiva. Pero esa exención tiene muchos requisitos que su empleador puede haber incumplido. Además, otros tipos de empleados exentos todavía tienen derecho a pausas para comer y descansar. Por ejemplo, los conductores de camiones suelen considerarse exentos. Sin embargo, según las leyes laborales de California, aún deben recibir sus pausas para comer y descansar. Otro ejemplo son los “vendedores internos” que venden productos o servicios mientras se encuentran físicamente en la oficina del empleador. Aunque normalmente se los considera “exentos”, todavía tienen derecho a pausas para comer y descansar. Nuevamente consulte a un abogado para ver si su situación califica para descansos.
Llamar (213) 992-3299 y comience su queja ante la Junta Laboral ahora
No dude en llamarnos al (213) 992-3299 si desea hablar sobre cómo presentar una denuncia ante la junta laboral. Hemos obtenido con éxito premios para nuestros clientes en sobre 97% de nuestros juicios y audiencias: uno de los mejores registros de juicios en el estado de California. Pongamos nuestras décadas de experiencia legal a trabajar para usted.
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I manage a team of drivers that make 3 scheduled trips a day to and from a location approximately 17 miles from our home office work base. If a driver prefers to go beyond the end of his 5th hour to take a meal break because he would rather take a lunch at the home office location, would that be allowed under the CA labor laws? If so, is written consent from the employee required, or advisable from a liability perspective?
The employee can CHOOSE to take their late lunch. The employer is not legally permitted to encourage or make the employee do so, however. As long as it’s completely voluntary on the employee’s part, the late lunch would not be in violation of the law. There are a number of things employers can do to document that the late lunch is the result of the employee’s voluntary choice. I would suggest consulting with an employer-side attorney.
I work for a major retailer. I work 2:15pm to 11:15pm, one hour break. We are part of a union, but our union is not very good. I got my lunch, but didn’t get a chance to take a 10 until 9:30pm, I got 3 minutes in before I had to return to work. Tried again at 10:15, got 8 and a half minutes in before having to return to work. From 7pm to 11:15pm I was the only employee there, sometimes I am alone by 6:30.. So i am alone for up to half my shift (sometimes longer) which impacts my ability to take rest breaks and restroom breaks. My immediate manager claims I should not need to use the restroom after my coverage leaves. So I have a few questions. Firstly, can I legally go around the union. I do not have faith in their ability to handle the situation. I don’t know if being union means I can no longer use the labor board for my complaints. Can I get a lawyer myself? I know you can sue a union for misrepresentation, but does lack of contact and therefore representation count as lack of representation? Neither union contact info or labor board contacts are up in the break room. I only got the unions number by asking a bunch of employees till someone gave it to me. When I was hired I was told I had to break my second 10 up into smaller breaks, which to my knowledge is a violation of being a “uninterrupted” break. I also have limitations on where I can take my break, given by multiple managers who conflict each other. I was told I had to be somewhere I can see into the store, out back, but “at least as far as the sidewalk” which means either the sidewalk or road beyond. I can use the break room if I have coverage, but its in the main store, 3 min away, 6 min round trip. My break begins when I declare it, so I would have 4 min to utilize the break room before walking back to my station. I am tall and can walk fairly fast, but some of my coworkers are not capable of making it in time. Is that really all an employer has to do, make the location of the break so far away you waste it just getting there? I also cant really use a chair. I have to sit on the sidewalk. I have a chair I keep in my car, but my manager has some sort of vendetta against chairs and refuses to let us have one. Some of the older employees take breaks in the restroom so they can sit. This sort of thing has been my experience here for 2 years now. I am angry and frustrated beyond reason. My mental health has been degrading and I am quickly reaching the end of my rope.
Hola,
I work from 10:00 AM – 6:30 PM, so after taking my 30 minute lunch break, I still have 2 10-minute paid breaks. Is it legal for me to take those 2 10-minute breaks at the end of my shift so I can go home earlier at 6:10 PM?
Thanks.
The employer has the right and discretion to set your work and break schedule. What you propose would be ok only if the employer agreed to it. The law requires that for most 8 hour shifts, a rest break should come before and after the lunch break. But if you wish to take both rest breaks at the end of your shift, you can do that as long as the employer is ok with it. The employer cannot encourage or require you to do so however.
Is it legal for my supervisor to give me 2 10 minute breaks within the same hour if there is no real need for business purposes they just to “get the breaks out of the way”
The California Supreme Court has stated that, in a typical 8 hour shift, the 10-min rest break must come before AND after the meal break. In other words, there has to be a rest break on either side of the meal break. If that isn’t happening, that would arguably be a violation of the break laws. Keep in mind, however, there are always exceptions.
I worked from home for one hour and then clocked out for 30 minutes. In that time I drove to work, got to work and ate breakfast. Is that illegal? I did not take a separate 30 minute lunch break later. Just the one after an hour of work in the morning. So I worked one hour, clocked out for 30, and then worked 6.5 hours after that.
In total, your shift was 7.5 hours. In that case, you are entitled to only one 30-minute unpaid meal break. In your example, it sounds like that is exactly what you go. So it appears there is no violation of the break laws in your example.
We schedule our team to work no more than 6 hours and they are given a 10 minute break, to be taken at their desired time. We have on file a Meal Waiver for the 30 minute meal break that should be take before the 6th hour, as they prefer to work for the extra income. The meal wavier on file states they are waiving their meal period (works no more than 6 hours) and the second meal period (works no more than 10 hours) would be waived IF the first meal period was taken.
Question: We have occasional employees that work over 6 hours due to it getting busy in the restaurant, (but work no more than 7 hours)
Do they have to take a 30 minute meal break if they work over 6 hours, or is this covered under the meal waiver we have on file?
If it is not covered with the meal waiver we have on file and they do not take their 30 minute meal break, they are requesting to have on file a standard meal waiver covering any time worked.
Gracias
Your question is: “Do they have to take a 30 minute meal break if they work over 6 hours, or is this covered under the meal waiver we have on file?”. The answer is, yes. If they work over 6 hours, then the waiver is invalid at that point and the employee must be authorized and permitted to take their meal break. Moreover, that meal break must begin before the end of the fifth hour. Meal break waivers cannot be modified to cover shifts that exceed 6 hours as they would be unenforceable. However, keep in mind, employers are not required to police meal breaks, they must merely make them available and refrain from discouraging or prohibiting employees from taking them. If employees choose to skip their meal breaks, that would not be a violation of the law.
If I work from 12pm-10pm (10 hours) but take a lunch unpaid (30minutes) would that mean my “work hours” are technically 9.5 hours? If so, would working 12pm-1030pm under the same circumstances set me at 10 “work hours” or 10.5 meaning I would be required to take a second meal break?
Everything you said is correct, except, you must work “over” 10 hours to qualify for a second meal break. Working 12 pm to 10:30 pm wouldn’t work. You would have to work until 10:31 pm.
I work for a preschool program. In my union contract it states that my 15 minutes break should be duty free. My boss said that I can not take my break outside the classroom because I still count as part of ratio. Now she just told me that I can not eat my healthy snack because if licensing walks in for inspection she/he is going to question why I am eating. I told my boss, “I don’t eat junk snacks, and I am still in the classroom in a corner and children can not see what I eat because my lunch box blocks the view of my snack”. What is your advice?
Ann, while this sounds like a rest break violation, I would suggest you first consult your union contract to see what it says about rest breaks. Union contracts will typically supersede California labor laws.
Is it legal for an employer to suggest I combine my lunch break and my break (10 min) ?
There are a few exceptions, but the answer is almost always, “yes”. If that is happening to you, we’d be happy to discuss it with you further. We can be reached at 213-992-3299.
Let’s say an employee starts at 8am and clocks out for lunch at 1pm then punches back in at 2pm and works until 5pm. Are they eligible for a meal penalty?
There are always exceptions, but for the most part, the answer is going to be yes. The reason is that employees must be permitted to begin their lunch break BEFORE the sixth hour of their shift starts. So in your example, the employee is punching in at the start of the sixth hour of their shift. That is literally one minute too late.
i work from 11pm to 730am
do i need to clock out for lunch at 4am or 3:59am?
The employee in your example must be permitted to clock out for lunch by no later than 3:59 am, otherwise it is technically a late lunch and a meal break penalty is owed to the employee. Note, if the employee is VOLUNTARILY clocking out for lunch late through no fault of the employer, then there is no violation.
Hello, As a surgical tech when with a patient I can not leave for lunch at the 5th hour. Can my employer make me exempt or is there a way I can avoid the lunch penalty? Because after I am able to take my lunch the time I want.
I work the overnight shift. The employees agreed that during this shift, we combine our 2 15 minute breaks and our 30 minute lunch break into a full hour break. Is this illegal in California?
It is illegal in California to combined breaks to make them longer.
I need some clarification on how the CA Meal premiums are to be calculated. It has been my understanding that only “hours worked” were to be used as the calculation for the Meal Premium. However, we have legal counsel telling us that CA law mandates that the “work period” (to include a bona fide meal break of at least 30 minutes) must be the basis of the CA Meal Premium calculation. We currently use UKG for our HRIS/Payroll/Time Management system and when presented the question, they (CA Time Management SMEs) had never heard of this mandate. Can I please get clarification on what the basis actually is for the meal premium calculation?
If you are the only medical professional on duty and cannot take a meal break within 5 hrs, can your employer not pay you for the missed meal periord?
I own an animal hospital but am a fairly new business owner. Some of my employees are asking if they can have a permanent position in which they waive their meal breaks. With a 30-60 minute break they usually fall into a 7-8 hour shift. I don’t mind allowing them to waive their meal breaks but from what I’m reading, it’s against the law. My friend worked at an animal hospital in which they did not have meal breaks but would “eat on the clock.” Her shifts were also 8-10-hour shifts. I’m not sure how that works and honestly, I would love to give my employees the opportunity to choose how they work, meaning those who want a break by all means can take it but some just have schedule restrictions and prefer more hours. Is this possible?
If they work over 6 hours they must take a meal break of at least 30 minutes. If they have to eat on the clock (as your friend’s situation), they are owed an hour of pay (I believe) for each day not provided a meal break.
OK I have a question I work at a GNM Chevron gas station where my hours have been reduced to six hours so from 9 AM to 3 PM and I wave my lunch because I can’t afford to be paid at 5 1/2 hours so it says by law we had that option so I waive it now in order for me to be able to clock out at 3 PM the other cashier who is supposed to be signed on the register needs to be at the cash register to take over at 3 PM however either she’s in the bathroom still she’s late so on and so forth but clearly I will have to sit at the cash register at work until she’s there so I can clock out now usually when she gets to the Kasher it is already now 305 310 315 but I’ve been working the whole time and I’ll clock out soon as she gets there no my employer wanted to write me up for the mail violation I argued and said I would not except a write up because I felt it was not my fault at 3 PM I’m ready to clock out and go home being that we’re not allowed to shut down the store we can’t close it will have a line full of customers it’s not able to work out the way he thought it was but I know that I can’t leave unless someone’s there for me to leave so basically I was paid the extra hour for every day which came up to a total of $544 then I seen that he put a COVID-19 sick pay of 32 hours totaling at $544 deduction so it technically took away the earnings that I was given so basically it looks like I was paid but I wasn’t so my time goes and paid for because the $544 was taken away am I wrong or is there something not right with this picture I understand the six the fifth hour mark and all that but we got to understand that I don’t want to have to take a lunch and stay 30 minutes longer. For nobody in order for me to clock out there needs to be someone clocked in so I could be relieved and if there’s not what am I to do
That’s illegal! He can’t take your COVID Sick Pay! He needs to make sure that girl clocks in at your 6th hour, if she doesn’t he should take over so u don’t get that hour of pay and relieve you of your duties on your 6th hour.
In my opinion, you need to explain, mention, argue, comment, etc. to your boss/owner of the store in writing, NEVER argue without having something in writing to back you up. Always use texting, email, and something that you can prove to the Labor Board or any other legal advisers if you decide to complain about your boss/owner of the place you are currently working.
If a person is scheduled 8 hours, say 8-4PM, is it legal to do the meal break first (30 Min Break), say at 10 AM, then the 2 rest breaks (10 Min Breaks) after, say at 12 PM and 2 PM?
No. Has to go: rest break, meal break, rest breaks
If we pay employees for meal and break time is that 401(k) eligible pay? Part 2 is, if we neglected to provide meal time and are now required to pay the additional hour of pay, do I deduct 401(k) from this “penalty” amount?
I have question, construction work differ in any way? If you work 8 hours under Caltrans is your employer allowed to switch you over to a different pay without you knowing? so they are not paying overtime. They pay at regular pay.
My other question is ? can you be written up for not taking a break? No verbal warning or set times to take break. Almost feels like retaliation from the supervisor for their mistake and probably getting in trouble themselves. If the staff ask for break you are questioned if you don’t take a break then you get in trouble.
If I’m scheduled 9-6 and i get a half hour lunch break, is the last half hour of my day overtime?
Yes, you are correct. That is because you were on the clock for 8.5 hours excluding the unpaid 30-minute meal break. Anything over 8 hours in a day is generally considered overtime, subject to certain exceptions.
Does anyone know if it is taxed at regular or supplemental rate?
Can your employer make you take your lunch break an hour after arriving to work.
I don’t believe it is illegal. There is a Supreme Court case called Brinker v Superior Court that states that, in an 8-hour shift, there should be a lunch break with a 10-minute paid rest break both before and after the lunch break. Lunch breaks must also be permitted to start no later than the end of the fifth hour. Other than that, I’m not aware of any cases addressing the timing of meal breaks.
I am a registered dental hygienist. In an 8-hour shift, I get a 1-hour lunch break after 4 hours of work. If I am entitled to a separate 10min paid break, does it need to be a scheduled break? In other words, will it say on my daily schedule the time of the break and will it be blocked off so no patients are put in that time slot? Is this part of the law in California?
There is no such legal requirement. A California Supreme Court case, Brinker v Sup. Ct., held that employers are not responsible for “policing” breaks. However, the law requires that the employer “provide” you with a rest break, and they must not prevent or discourage you from taking such break. If you are being overscheduled or don’t have someone to cover for you to take your break, you need to bring that to your employer’s attention (preferably in writing, such as email or text). If they don’t fix the problem, consider filing a labor board complaint.
Thank you Eugene for such a quick response. I noticed in my comment that I used They instead of Employer. But you got the point.
I work on the restaurant industry. My question usually I’m scheduled for 5-6hrs my boss make me take a meal break after 3 min been on the clock is that legal? I been doing it since I need the job but they been giving me a hard time when I’m taking my test break saying I’m on the clock and I should be working not eating during my 10 min rest break.
By law, you must be permitted to do what you want and go where you want on your rest breaks. Your employer is violating your rest break rights. You should consider filing a wage claim.
I work 6 AM to 2:30 PM with a half hour lunch. I would like to take my lunch at 11:30 vs 11:00 which is the 5 hour mark. They don’t mind that I take lunch at 11:30 and I’m fine with taking lunch 5.5 hours after start time. They recently told me that they are afraid of legal liability if I don’t take my lunch at 11. Is this a problem that can be mitigated verbally or with written consent?
I believe so. You could potentially submit something in writing to the employer formally requesting to be able to take your lunch late at 11:30 am. That should protect the employer from legal liability.
I work from 8-3 with an hour lunch, do I qualify for one or two breaks?
One. If you worked 1 minute more, it would be two rest breaks.
As an employer, I offer to give my employees lunch before the 5th hour of work. For example, they come in around 6am and I allow them to take lunch between 10-11am. However, sometimes they want to work through that time and take their actual lunch closer to 12pm or 1230. How do I go about making sure I will not be penalized for my employees willfully choosing to delay their lunch break? Do I need them to sign some kind of acknowledgement form every time they delay their lunch?
That’s a good question for which I’m not sure there’s a great answer. You might want to consult with an employer defense lawyer.
Hola,
I work in child care, I work 8 hours a day. We do not get our breaks on time. I start at 8am and should have a break at 10. Sometimes we dont get a break at all, or she will say to take our break with our lunch, or she will have us take our breaks really late like at 11-12 which is 1 hour before we take our lunch. We automatically get paid the “missed lunch” through adp if we take it after 1pm. Then our 2nd break is usually missed or i have seen some of the other teachers take it 45 minutes before then have to clock out for the day. We are off at 5pm and they make us stay over time without asking and we can not just leave because we are teachers in a classroom with kids. We ask if we can leave at our scheduled time and the boss gets mad and says she will see what she can do or rudely ask what we have to do after that we can not stay pass our scheduled time. So, my main question is if we are suppose to get paid a “missed break” when we take it late (after 3-4 hours) or if we take it with our lunch? as of right now we only get paid the “missed break” if we dont take it at all, if she remembers to put it into ADP. Also, are we required to stay pass our shift when there is no written form saying we have mandatory overtime? THANK YOU!
First, rest breaks cannot as a general rule be combined with lunch breaks. The employer can be penalized for doing that. Second, there is not clear rule regarding when exactly the rest breaks must be taken. Meal breaks are different – they must be taken no later than the end of the fifth hour. Third, if you are required to stay after your shift ends, you need to be paid for that time on the clock. If that is not happening, then the employer is engaging in wage theft. You should consider filing a labor board complaint.
I am an employer. We follow the guidelines. 10 minute breaks every 2 hours and meal at 4 hours. We do not have the employees clock out for their 10 minutes. Problem I have is an employee is now claiming we did not give those 10 minute breaks after dissmissal. Luckily I have witnesses and video tape to prove otherwise. The question: Is it acceptable to change the 10 mintue breaks to 15(or longer, even up to three 30 minute breaks) minute breaks and have them clock out and be unpaid? or is the 10 minutes of that required to be paid?
The 10 minute breaks are to be paid so they should not clock out.
I am so grateful for all the hard work that Eugene Lee did for me and truly appreciate all the time and effort he put into my case. Eugene really cares about his clients. I say this because Eugene saw that I had a very good case and instead of taking it on himself he handed my case over to a powerful firm that could take my case to the next level for a greater reward. If you have any doubts about the attorney I rest assure you that he is a genuinely good person and awesome attorney. He will work and fight for your rights to the end.
My employer is in Georgia and i am here in California. I clocked out at the start of the 5th hour for Lunch and they said they getting a meal penalty for that. also that i should clock out for breaks, so i wanted to know if everyone always understood that CA meal penalty is when you don’t clock out after 5 hours and not at the top of the 5th hour.
I’m going to use an example to answer your question. If you clock in at 9 am, then you must be permitted to start lunch by no later than 1:59 pm. If you are prevented from starting at lunch so that you finally clock out for lunch at 2 pm, that is a late lunch violation by the employer. The other thing to note is that employers typically have the right to set an employee’s work schedule including telling the employee when to take their lunch. I hope that answers your question.
Eugene ,will you please help me because I have alot of violations and unlawful situations with this rmplotlyer and as well as tio theft and no rest breaks . I have a whole Punjabi restaurant to ensure that they are stolen from anymore and that they get their breaks and overtime and that they get treated right.
Hi, happy to talk. Can you email me at ELEE@LOEL.COM?
I work 12 hour days and have waived my second meal period. I read that if the second meal period if waived, the first meal period can then be taken up to the tenth hour of the shift, is this true? ADP reflects this in their timesheet app. A premium is not triggered until the first meal break is logged after the 10 hour, this is all assuming the second meal break is waived.
You can only waive one lunch period in a day. If you waive your second lunch, you must have been permitted to take your first lunch. As for timing, if you do take your first lunch, you must be allowed to start your lunch break no later than the end of the fifth hour. So, for example, if you work from 9 am to 9 pm and waived your second lunch, the law requires the employer to permit you to take a first lunch no later than 1:59 pm. It sounds like your employer is saying that your lunch need start before the 10th hour. That is incorrect and a violation of the law as that leads to a late lunching violation.
My employer forced me to sign a waiver at the beginning of my employment to waive all meal breaks and rest breaks. I work 12 hour shifts, I’m not allowed to sit down or leave my work area unless to use the restroom. I also do not get paid over time over 8hrs. Is this legal?
You can only waive meal breaks. Rest breaks are never waivable. If you work a 12 hour shift, you must be permitted to take no less than 3 ten-minute rest breaks that are uninterrupted, work-free, where you are allowed to leave and take a walk if you want to. Bathroom breaks do NOT count as rest breaks. Overtime must typically be paid if you work over 8 hours in a day, 40 hours in a week, or 7 days in a row. There are exceptions though, I would need to know a lot more to see if any of those exceptions apply to you. But overall, it sounds like there are some violations going on in your workplace.
My boss said that I took my meal break “too early”. I took my break less than 2 hours into a 6 hour shift… she is trying to tell me that if I work more than 5 hours AFTER my break I would be going into overtime, which the company is not approving now. But I returned from lunch at 12:30 and work until 5:15, so this would not be the case. Is she bad at math or is she right? If I work 5+ hours AFTER my lunch break, is that considered overtime?
First, overtime isn’t calculated from the lunch break. It is calculated based on the start of your shift. If you work a 6 hour shift, when you take your lunch should have no impact on whether you are entitled to overtime (and you wouldn’t be so entitled because you only work 6 hours). So I think your boss is a little confused about how overtime works. That being said, the employer has the right to set the work schedule for most employees in most circumstances and the employee must comply with that. So right or wrong, if your boss wants you to take lunch later into your shift, your boss has the right to set that policy. I hope that answers your questions.
What about religious beliefs and practices such as Ramadan for Muslims in the workplace? Are we required to take a meal break during a time we’re not allowed to have a meal. Can company make arrangements or accommodations for religious purposes?
I don’t think giving you a meal break is the same thing as requiring you to eat during your meal break. In fact, quite the opposite – during meal breaks, you must be permitted to do what you want with your time. That would include NOT eating because of religious reasons. If your employer is actually ordering you to eat during your meal break, that could actually be a violation of the meal break laws (and possibly religious discrimination). But it doesn’t sound like that is what is happening here. Short of that, I don’t believe your employer is violating the law by permitting you to take a meal break, and leaving up to you whether or not you actually eat during that break.
I have three scenarios I would like feedback on:
1) Employee is flying from Michigan to Californian on Monday to Begin work in CA on Tuesday. The employee time starts in Michigan at 8:00 am EST and ends upon his arrival in CA at 5:00 pm PST (12 hours total). The employees time will go to a California project, however they have not been working in CA they have been traveling to CA. Would the CA Meal/Break rules apply, and if so would it apply to all the hours?
2) This scenario is the reverse of scenario 1. The employee is flying/traveling from California to Michigan. They employee time starts in CA at 8:00 am EST and land in Michigan at 11:00:PM (12:00 hours total). The employees time will go to a California project, however they have not been working in CA they have been traveling to Michigan from Cali. Would the CA Meal/Break rules apply, and if so would it apply to all the hours?
3) If an employee is traveling for the day from one Job/location in California to another job/location in California, not working but just traveling. Do the CA Meal/Break rules apply to those hours.
Are employees still entitled to a meal break after attending a company sponsored lunch??
That depends on whether you were required to attend the lunch by the company, and whether you were allowed to do whatever you wanted during that lunch. If attendance was required and if the employer further required you to listen to speeches, participate in certain activities, or socialize with coworkers, I think that is arguably time that should be on the clock and compensated, and that you should be further permitted to take a genuine, compliant meal break separate and apart from the company luncheon.
Hi. I work in HR and my payroll team and I are trying to figure this out. My schedule is from 8 am – 5 pm. I’ve asked my manager if I could clock out for lunch at 2:30 pm to pick up my child from school then go home and clock back in to finish working the remainder of the day. I am choosing to waive my lunch to a later time for personal needs. Is this possible without penalizing my employer? I appreciate it.
No, unfortunately there is no way to waive your break to after 6 hours. It must be taken before 12:59 in your case.
Two things. First, if you as the employee choose to take a late lunch, well after the end of the fifth hour, the employer can’t be held liable for that and would not be penalized. It would not be a violation because it was your choice to do so. Second, the employer typically has the right to set your work and break schedule. So, you can ask to take a late lunch, but it would be up to the employer to agree to it or not.
I work from 8:45-5:15
No lunch or breaks, how many hours per day should I be getting paid?
If you are being prevented or discouraged by the employer from taking your meal and rest breaks each day, then you would be entitled to a maximum penalty of 2 hours per day – 1 hour per day for a denied lunch break and 1 hour per day for a denied rest break.
I accidentally clocked back from my lunch 1 minute early and was paid the OT. Am I also entitled to a 1-hr meal penalty?
No you wouldn’t. The employer is liable only if they prevented or discouraged you from taking you for full lunch break. In this case, you stated you accidentally clocked back in from lunch early, through no fault of the employer. That means the employer wouldn’t be liable and wouldn’t owe you a 1 hour meal penalty.
Corporate abuse and labor board allows it if the employee doesn’t complain. Usually a law suit will curve the abuse. Pathetic.
Remove my comment.
I have been currently working at a gas station for a little over 4 months. I was informed that i can take a lunch whenever i want to as long as someone is able to cover the registers while im on lunch. I have asked in the beginning what happens if i can’t take a lunch. I was just told “then dont take a lunch”. I am the main closer from 4pm-12am but have to stay longer most of the time to do the night cleaning. The only other person that works with me is the 1pm-9pm. There are 2 people that work 1-9s and one is highly aggressive when it comes to customer service to the point where I’ve had multiple customers get in his face for the way he communicates with them and one customer became physically violent with him due to the things he was saying. The other 1-9 gets super frustrated working on the register to the point where im constantly being called to help her. I’ve made complaints to my manager that im unable to take a lunch because i fear that i will walk in and one of my coworkers will be in a physical altercation with a customer or how frustrated my coworkers get its like i have to keep an eye on them and handle the customers myself. My manager says he will take care of it but nothing ever happens. A friend of mine was stabbed to death from a customer while working there because of an altercation. There have been multiple days where the 1-9s would leave 2 to 3 hours before their shift ends and leave me to close their registers as well. This past monday i was only at work for 1 hour and was left by myself for the rest of my shift. If i were to mention that i am unable to get a lunch to my manager due to these reasons his response is “welcome to my world” or “thats the same thing i have to deal with” or “now you know how it feels to be in my shoes” but i am an employee not a manager. My work only provides time sheets and its the employees responsibility to write their times. When we run out of time sheets we just write our times on a piece of paper. I was the one who provided the time sheets when we ran out because the manager said “it was out of stock”. A few coworkers would literally leave hours early and write that they left at the end of their shift. If i were to mention that to my manager his response would be “we will see how their paystub looks”. Anytime i try to go a little further up and speak to the owner about any of these issues he will tell me to inform and let my manager know and talk to my manager about it. Any issues that involve police being at the store the owner will tell me to make sure they keep it outside he doesnt want to see his store on the news. Sorry for a long comment. I have had multiple customers telling me i should file a claim against them because they notice that im there so often doing everything and that i should be getting a lunch even when im by myself. I get looked at as if im a manager but I let everyone know that i am just an employee. So i figured i would ask out of curiosity. I myself do not want to be in trouble for the fact that im unable to take a lunch. If i were to even try to attempt to close the store while i am by myself to take a lunch then i would be in trouble with both my manager and the owner. The only times im allowed to lock the door is if i need to use the restroom or im leaving the store when i get off.
sounds like you need to get a new job.
My manager is now requiring everyone who works more than 6 hours to take a 30 min break at the start of their shift. She made it so everyone comes in 30 minutes before their usual time, clocks in then goes on a break within 5 minutes of clocking in. Is it legal to force a break at the start of the shift?
If I don’t have to be on site during my 30 minute lunch break, do I even need to show up to work if she’s forcing the break at the start of the day?
I also have an issue with my employer making me take a lunch break as soon as i clock in, are they allowed to do that? i’m a server and they don’t give us a rest break at all. we aren’t allowed to leave the premises during our lunch break either, someone please help !!
Can my employer pay for the lunches of those who work four 10 hour days but not pay lunches for everyone else??
As an employer I do not have to post my employees breaks and lunch schedules for the day. I do not have to let the know in writing many breaks or how long of a lunch they are getting?
I work private security at night usually a 10 hour shift. I get paid for my breaks and my lunches. I usually don’t take them so I do not lose out on money. I like to bring my lunch but can I still sue my employer?
Gracias
boi wtf boi
Sadly you can. He needs to make you take your lunch breaks and if you refuse he has to make you sign a waiver.
So yes, you can sue him.
That is not a lawsuit I would ever take. That would basically be fraud. I would not recommend it.
If I work 5 hours I take a 10 minutes break and a 30 minutes break too? Or jus the 10 mts?
If you work exactly 5 hrs, then you only get a 10-minute rest break. If you work 5 hrs and 1 minute, then you also get a meal break. You have to work OVER 5 hours to be entitled to a 30-minute meal break.
I’m a surgical technician and I usually come in at 11 am and clock out at 7:30 pm.
I am usually asked to take my meal break at 12 noon. My supervisor lets me take 45 minutes of meal break and most of the time when I get back to work, nobody gives me a break from that time till I go home at 7:30pm. How can I address this to the employers?
if you ask for 45 minutes brack then you are taking your 10 minutes brack to and you getting 5 minute extra now look on your pay check if they take half hour from your par of 45 minutes if only half hour then you good
Tell them exactly that…I do not know how this has been overlooked but I need a scheduled paid break when I am here.
Meal breaks and rest breaks can not (in most cases) be legally combined. You have to be allowed to take your rest breaks separately from your meal breaks. If you are only permitted a single lunch break and no rest breaks while working an 8.5 hour shift, then the employer would be liable for denying you rest breaks. You should definitely address this to your employers. I strongly recommend you do it in writing – text or email – so that you have a written record just in case the employer decides to ignore your complaint, or worse, retaliate against you for making a protected complaint.
What are the exceptions that allow you to combine rest breaks? I work 10 hour shifts, and have waived my 30 min lunch break. I was combining my two breaks to have one rest break mid day, but am now being told this is not ok.
Would the manditory “Clock out for lunch before the 6th hour” rule apply to a salaried employee who is clocking in and out for timekeeping purposes as required by employer ?
That depends on whether you are properly classified as an exempt salaried employee. If you are, then that rule does not apply to you. But if you have been misclassified, then yes, that rule does apply to you.
Im a care giver and i told my boss about my hours missing he said it was rite we take two15 minutes breaks and a a 30 minute (lunch) he told me that they don’t pay us the 15 minute lunch they take one hour of my pay check
Whether there is a violation really depends on whether you are an in-home caregiver or a caregiver at a residential care facility. In-home caregivers are not entitled to meal or rest breaks. Residential care facility caregivers are entitled to meal and rest breaks, although in certain cases, they can be required to eat meals with their patients depending on whether certain conditions are met.