California Employment Law
California Employment Law Questions Answered by Legal Experts
2002: Chapter 3.8, Section 1030, Part 3 of Division 2 of the Labor Code
1030. Every employer, including the state and any political subdivision, shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee's infant child. The break time shall, if possible, run concurrently with any break time already provided to the employee. Break time for an employee that does not run concurrently with the rest time authorized for the employee by the applicable wage order of the Industrial Welfare Commission shall be unpaid.1031. The employer shall make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee's work area, for the employee to express milk in private. The room or location may include the place where the employee normally works if it otherwise meets the requirements of this section.1032. An employer is not required to provide break time under this chapter if to do so would seriously disrupt the operations of the employer.1033. (a) An employer who violates any provision of this chapter shall be subject to a civil penalty in the amount of one hundred dollars ($100) for each violation. (b) If, upon inspection or investigation, the Labor Commissioner determines that a violation of this chapter has occurred, the Labor Commissioner may issue a citation. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for violations of this chapter shall be the same as those set forth in Section 1197.1.(c) Notwithstanding any other provision of this code, violations of this chapter shall not be misdemeanors under this code.
It does not typically require that the employer provide her with days off though and it is likely the Sundays off is for some other reason or under some other statute, such as the FMLA, ADA, or Title VII.
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