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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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is it unreasonable for a bus company to ask a driver to mark

Customer Question

is it unreasonable for a bus company to ask a driver to mark time off duty for lunch when they know well that we can not stop with out getting complaints from our pasengers . or if we take a break at a rest area or other safe place to stop and smoke a cigarette after driving several hours we ara told its a violation of company work rules
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.
Hello and welcome to JustAnswer.

Yes, it is not only unreasonable for a bus company to do this, but it is illegal as well.

The bus company must pay employees' an hour of wages for every lunch that they are required to work through, and they cannot require employees to mark time off that they are unable to take.

If the employer requires employees to do this to avoid paying for lunch breaks, the employees can file a wage claims with the Department of Inddustrial Relations for the lunch breaks that they are required to work through.

They can do so using the forms available online here:

The complaint can be filed with the local office of the Division of Labor Standards Enforcement, which you can find here:
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.
what about breaks if taken . I was fired because I smoked during a break on my time off duty.
Expert:  Joseph replied 4 years ago.
You are also allowed to have fifteen minute breaks, during which you are relieved of all your job duties.

Unfortunately, if you are an at-will employee, you can be terminated at any time for any reason (even a bad one), including smoking during your break.

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