Q: 7.5 hours shift in California with one or two many rest breaks
Hi! I'm a part time worker with 38 hours/week. My shift 10am-6 pm every weekday. My employer provides one unpaid 30 min lunch and one paid 15 min. rest break, which are not fixed, so some time I have to work continuously for 3 hrs 45 min. Do I qualified for a second rest break?
YES. You are entitled to a 10 minute rest break for each 4 hours worked or "or major fraction thereof"., as close to the middle of the 4 hour period as practicable. This means one break after 2 hours, and one break after 6 hours, on the clock. 3.5 hours of 4 hours is a "major fraction thereof" because it is more than 50% of the time. Keep records of the days you worked, start and stop times, and when you received a break. Before you do anything find out if there are any others who would join you in bringing a claim, and get their contact information, name, address, phone, email. You can file a claim with the Labor Commissioner, and you can bring a lawsuit. You are entitled to an hour per day premium pay for being denied this rest period. Your employer should know this because it is on the Wage Order for your type of work. (which is??) call me.
Justia disclaimers below, incorporated herein.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.