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socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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My Employer has made us stay late at our restaurant for three

Resolved Question:

My Employer has made us stay late at our restaurant for three weeks now. We typically start at 5, and are ending our shifts on average at 3 A.M. Factoring in driving, i usually get home around 3:30 A.M. Before we ended on average around 11. I have school at 8 in the morning, so i usually get up around 7 to get ready. I was wondering if it was legal for them to force me to continue to work, while my Employer KNOWS i am have school, and not allow me ample enough time for sleep?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.

An employer can require that an employee work 24 hours a day for 7 days per week under California Law. The restrictions are that the employer must give the employee a 10 minute rest break every four hours, and a 30 minute meal break every 5 hours. IWC Wage Order 7-2001. Also, the employer must provide at least one day of rest for each seven days worked, either as one day in each workweek, or as accumulated days off during calendar month (4 days off in a four week month; 5 days off in a 5 week month).

The employer is also required to pay overtime. Based upon your described circumstances, you are entitled to overtime for at least 1 1/2 hours per shift ($12 per hour).

However, none of the above, prevents the employer from creating work conditions that interfere with your education.

Hope this helps.

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