In the State of California, there are certain laws that are set in place in order to protect the labour rights of employees. And all employers must follow all of these laws to the letter. If you are an employee and want to make sure that the California laws are being followed by your employer, then it is important that you are aware of what sorts of things that you are entitled to in your workplace. It is important to be aware of these things since you will be in a better position when it comes to how you are treated by your employer. Here are some California break laws that all employers must follow.
-Employers must provide a 30 minute meal period for employees, who have worked for more than 5 hours. They will need to provide another 30 minute meal period for any employee that has worked for at least 10 hours. So that is a total of 1 meal period break for any employees who have worked for 10 hours.
-Employees must not be working during their meal period. This means that they have got to be relieved of their work duties during this meal break time.
-If an employee works for at least 6 hours, then they are able to have the option to skip their meal break period. If they have worked for 12 hours, then they only have the option to skip their second meal break period.
-These meal break times are not paid by the employer.
-Employers must allow their employees to leave the premises of their workplace. If employees are not allowed to leave their workplace, then it counts as them being on duty.
Laws for general rest periods:
-Employers must give their employees at least a 10 minute break time for every four hours that they have worked.
-These break times cannot be waived, even by an agreement between an employer and employee.
-Unlike a meal period, these rest periods are paid for by the employer, since the count as being on duty for the employee.
-These 10 minute rest periods must be work free. This means that it officially counts as off duty for the employee going on their break period.
Why are these laws broken?
Most of the time, these kinds of break laws are broken simply because of ignorance or carelessness. A lot of employers or companies simply do not know the details of these laws about break periods. There may also be some carelessness on the part of the company when it comes to their policies on break periods. It is very rare that an employer would actually not follow these laws on break periods since there are consequences to not following them.
What to do in the event of your employer does not follow this law?
Employees may be able to file a claim to their employers; in the event that their employers do not follow these break laws in California. If you are seeking compensation for any kind of overtime work that you have done over your lunch period, then you can file a claim in the courts.