Legal Question in Employment Law in California

my company does not provide 2 10min breaks I start wok at 8.00 to 5.00 so I'm at work for 9 hr and I get 1 hr for lunch and company says that makes my breaks but that my time I only get pay for 8 hrs so that's why I say it not legal


Asked on 10/20/15, 7:40 pm

2 Answers from Attorneys

You are correct that what they are doing is illegal, on two points. First, the ten-minute breaks must be paid breaks. Second, they must be separate enough in time from your meal break to provide independent rest time from your duties. You should contact a labor and employment attorney in your area about filing a wage claim. They owe you an hour's pay for every day you were not given proper breaks, as well as back pay for 20 minutes a day.

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Answered on 10/21/15, 8:23 am
Frank Pray Employment Law Office of Frank Pray

When you say "I'm at work for 9 hours" the issue is raised whether the employer impliedly or explicitly requires you to be on the work premises during your lunch break. If so, you are not truly free during that time, and the employer would have to pay you for that hour. The rest breaks are not subject to being absorbed into a longer than minimum 30 minute lunch period. That the employer has an explicit verbal policy that breaks are not due because of the one hour lunch exposes the employer to a class action by all employees for one hour pay for each missed break. Finally, the break is due for 4 hours work or any portion thereof. That means if you're actually on the job for 9 hours, and you're actually "not free" during your lunch period, then there's a 3rd missed break due at the end of the day. Bottom line calculation per employee treated just like you: 3 hours extra pay per day.

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Answered on 10/21/15, 7:13 pm


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