Q: Can a family owned business wave your right to a work-break? Even if theres Documention. Thank you.
A family owned restaurant makes their employees sign a document upon hire stating that they’re waiving their right to any breaks, and that they are infact responsible for their said “breaks?” It’s written entirely backwards and people just sign away their breaks unknowingly and confused. This has been going on for decades. Certain employees who smoke take a break to have a cigarette, while the rest who dont smoke do not get a single break until their shift is over.
It’s unreal. Needing some legal advice. Thank you for your time.
A:
There are no special rules for small or family-fun businesses.
There is no provision in the law that allows an employer to ask their employees for a waiver that takes away their right to a rest period.
There is a provision in the law related to waving a meal period, but there are very narrow circumstances where that is legally acceptable. First, if you work more than 5 hours and less than 6 hours you and your employer can mutually waive the meal period. If you work more than 6 hours the meal waiver is not legally valid. Second, if it is virtually impossible for you to take a meal period due to the unique circumstances of your job you can be asked to take a working meal period and you should be paid an additional hour of pay.
Absent one of these exceptions a blanket waiver signed by an employee about breaks is unenforceable and the employees are entitled to their meal and rest periods, and if they do not get a reasonable opportunity to take those meal and rest periods there are wage penalties that are due to the employee.
It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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