Legal Question in Employment Law in California

Hello I have a question in regards to my father. My father has worked for a restaurant since 1975 the company has been through three owners. Everything was good with the first two he has no complaints but with the new owner and the manager their associates I think he means they bought the company together. Since the new owner started its been probably a year if not more has never once given him a break. theirs lack of workers he gives multiple jobs to the workers. also hes also worked 7 am to 3;30 pm Tuesdays through Saturdays and in January cut his hours to Wednesdays through Saturdays. another thing he asked for was if he can get a 2 week vacation and the owners said no vacations he can only take days off with no pay in this work place is in Sunnyvale ca. I apologize for being all over the place and thank you for your help. I believe in California it is required to take 10 min breaks for every 4 hours worked.

Asked on 7/17/13, 8:48 pm

2 Answers from Attorneys

Kristine Karila Law Office of Kristine S. Karila

You are right in that California employers must provide employees "with the opportunity" to take two 10 minute breaks, but the employers do not need to make sure the employees take them. If the opportunity was not provided, you father is owed one hour of pay for each violation. The other complaints in your question are not unlawful. Employers can give employees different shifts, cut thir hours, multiple jobs and paid vacations are not required; they are optional. If your dad was not given the opportunity to take breaks have him call an employment law attorney if he wants to pursue money against his employer.

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Answered on 7/18/13, 12:23 pm

Terry A. Nelson Nelson & Lawless

The employer gets to set the hours and shifts and duties at will. There is no law requiring vacations or holidays.

He is entitled to overtime for anything over 8 hours per day or 40 hours per week.

He is entitled to morning and afternoon breaks, and lunch period.

If those rules are violated, then he would be entitled to pay, penalties and interest for all denied breaks, and to attorney fees if he wins the case. Have him hire local counsel to represent him.

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Answered on 7/23/13, 2:05 am

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