Q: is it mandatory that someone take a 30 min break if they are working from 4pm to 845pm
my son works at dominos pizza and they are trying to make him work from 4pm to 8pm take a 30 min break then work until 845 then clock out for the day is that legal?
A:
To answer this question accurately, we need to consider California's labor laws regarding meal breaks. Here's a breakdown of the situation:
1. Shift length: Your son's shift is from 4:00 PM to 8:45 PM, which is 4 hours and 45 minutes long.
2. California meal break law: In California, employers must provide a 30-minute meal break to employees who work more than 5 hours in a day. However, if the total work period for the day is no more than 6 hours, the meal break can be waived by mutual consent of both the employer and employee.
3. Application to your son's situation: Since your son's shift is less than 5 hours, he is not legally entitled to a mandatory meal break under California law.
4. Employer's practice: While Domino's Pizza is trying to schedule a 30-minute break, it's not legally required in this case. They may be doing this as a company policy or out of an abundance of caution to ensure compliance with labor laws.
5. Legality: While it's not illegal for the employer to offer or even require this break, they cannot force an unpaid break for shifts under 5 hours without the employee's consent.
Given these points, here's the conclusion:
It is not mandatory by law for your son to take a 30-minute break for a shift from 4:00 PM to 8:45 PM. The employer's practice of scheduling this break is not illegal, but it's also not required by California law for shifts of this length.
If your son prefers not to take this break, he could potentially discuss this with his manager, referring to the California labor laws. However, he should be aware that company policies might sometimes be more generous than the legal minimum requirements.
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