Los Angeles, CA asked in Employment Law for California

Q: I’m an ambulance employee and for the last few months have repeatedly been denied break periods for up to 14 hours

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: You have not asked a question for us to answer. This Q&A site is not a place to solicit an attorney to work for you. It is a place to get general questions about the law answered. You need 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 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.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Under the labor code you are entitled to rest breaks of a net 10 minutes every 4 hours. And you are to have meal breaks of a net 30 minutes every 8 hour shift or part thereof; 2 meal breaks if you work beyond 10 hours. Rest breaks are on the clock and meal breaks are off the clock. There is an exception if you have a job where you have to take a working meal period, and you have signed a meal period waiver in advance, you can be required to keep at the job to do the meal period, but you have to be given the opportunity to eat. (while driving? It may be a violation of the vehicle code??) If the employer fails to provide you rest periods or meal periods as required, they have to pay you an extra hour of pay for each category, up to a total of 2 hours of extra pay (called "premium pay")

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