Westminster, CA asked in Uncategorized for California

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?

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: 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.

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