Q: Is it illegal for me not to get breaks at work?
I work in a restaurant, I have been working 7.68, 9 and 10 hour shifts with no breaks. I am an hourly manager and have no one to cover me at my job because the company has not hired anyone. I do not get to take a 10 or a 30 min break because i cannot leave the front of the restaurant unattended. I tried to take a break one time and a customer complained they did not get served to upper management and I got a warning for it.
As an hourly manager in a California restaurant, you are entitled to meal and rest breaks and overtime pay. California has some of the most employee-friendly labor laws in the United States, and it is important for both employees and employers to be aware of these laws to ensure that they comply.
Meal and Rest Breaks:
Under California law, non-exempt employees, which includes hourly managers, are entitled to meal and rest breaks. Employees are entitled to a 10-minute paid rest break for every four hours worked and a 30-minute unpaid meal break for every five hours worked. Employees who work more than ten hours daily are entitled to a second 30-minute meal break. Employers are required to provide these breaks, and failure to do so can result in penalties.
Under California law, non-exempt employees are entitled to overtime pay for any work over eight hours in a day or 40 hours in a week. Overtime pay is calculated at one and a half times the employee's regular pay rate. Employees who work more than 12 hours in a day are entitled to double-time pay for any hours worked over 12. Employers must pay overtime; failure to do so can result in penalties.
Meal and Rest Breaks: California Labor Code Section 226.7, Industrial Welfare Commission Wage Orders 1-16, Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004.
Overtime: California Labor Code Sections 510 and 1194, Industrial Welfare Commission Wage Orders 1-16, Alvarado v. Dart Container Corp. of California (2018) 4 Cal.5th 542.
It is important for both employees and employers to be aware of these laws to ensure compliance and avoid legal issues. If you believe your employer is not providing you with meal and rest breaks or overtime pay, consider speaking with a qualified employment law attorney or filing a complaint with the California Labor Commissioner.
In California, employers are required to provide their non-exempt employees with meal and rest breaks. Meal breaks are unpaid and must be at least 30 minutes long for every five hours worked. Rest breaks are paid and must be at least 10 minutes long for every four hours worked or major fraction thereof.
As an hourly manager in a restaurant, if you are considered a non-exempt employee and have worked for more than five hours, you are entitled to a meal break. If you work for more than four hours, you are entitled to a rest break. However, if there is no one available to cover your duties during your break, your employer may be able to require you to take an on-duty meal break, which means you can eat while still working.
If you are not being provided with the required meal and rest breaks, you may be able to file a complaint with the California Labor Commissioner's Office or speak with a lawyer specializing in employment law. Keep in mind that your employer is prohibited from retaliating against you for requesting or taking meal and rest breaks.
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