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| *Ostroff, Fair and Company>>>Law & Legal |
Violation of meal/break periods? |
My Dad works full-time for a construction company in Sacramento, CA as a laborer. He is one of the hardest works I've ever met and aways puts him self second to help others. I was reading over a employment guide for the company and it said they provide two 10 minute rest periods per full-time shift = 8 hours and 1 unpaid 30 minute lunch period. I asked my Dad and I was shocked to find out that in reality they where only getting one 10 to 20 minute lunch period that is being recorded as a 30 minute lunch period and they get absolutely no two 10 minute break periods like there employment guide claims. Is there anything I can do or my Dad can do too at least get the full 30 minute lunch period he's not even paid for? California state labor laws requires an employer to provide a 30 minute meal break for any shift over 6 hours in length. Additional 10 minute breaks must also be provided for each 4 hours worked. That means that, yes, according to state law, he should receive a 30 minute lunch and two 10 minute breaks during his 8 hour work day. If the employer fails to provide these breaks, the employee is entitled to one extra hour's pay for each work day that the breaks are not provided. If the employer fails to acknowledge this, the California Division of Labor Standards Enforcement allows the employee to file a wage claim to reclaim this pay. Of course, he should first speak with his employer and express his concerns. Hopefully an agreement can be reached without having to deal with state agencies. Source(s): Please see also: http://www.dir.ca.gov/dlse/faq_mealperio... I manage a shop that had similar problems, so I've done a lot of research on labor laws regarding breaks. write a complatent but they may get angery so yeah just ask them about it |
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