Legal Question in Employment Law in California

We give all emploees a 15 minute brdak morning and afternoon. they also feel they should be able to take their bathroom break 5-8 minutes at a different time--what is fair? we are very lenient, but lately it seems to get out of hand--bathroom breaks together and then a 15 minute break-and a 1 hour lunch-so we lose them for about 2 hours a day because of this

Asked on 12/13/12, 11:19 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Hourly full time employees are entitled to a 30 minute unpaid lunch break and two 10 minute paid breaks. But, if informal as necessary bathroom breaks are being abused as another 'formal group break', then the company will need to toughen up and notify everyone that it is abuse and not allowed, and that if it doesn't stop, the company will forced to begin to discipline abusers.

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Answered on 12/13/12, 11:29 am

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

You are being generous by providing meal and rest breaks in excess of what the law requires. But you must tread carefully if employees are denied or disciplined for taking bathroom breaks, especially if they have a medical condition or disability that requires use of the bathroom more often. It can also be a health or safety violation if an employee urgently must go and are denied the ability to do so. Some things cannot be controlled.

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Answered on 12/13/12, 12:03 pm

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