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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37832
Experience:  Retired (mostly)
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The company i work for never provides rest periods and lunch

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The company i work for never provides rest periods and lunch periods are a new thing within the last year or so. I have complained to the union and managers going on about 4 1/2 years or so without much except the recent lunch breaks. Lunches are still not a regular option during busy season ( summer, spring, fall, xmas ) I would say that during the busy season some weeks I would get a meal period each day worked. other weeks non at or or a mixture. the slow season does not matter as I work 2 - 4 days per week and usually not more than 4 hours. but even in the slow season there are still days when I work a full day without a meal period. What are my options with the union / company?

1. In what industry are you employed (retail; manufacturing, agriculture; housekeeping; etc.)?

2. Briefly, tell me your job description?

Thanks in advance.
Customer: replied 3 years ago.

hotel service industry. I work in the bar area as a bar server.

Okay, thanks.

IWC Order No. 5-2001 Sections 11-12 (which should be posted in full in your break area, or where you clock in if you have an electronic time clock and manual time cards) provies that no employee in the "public housekeeping industry" may be denied a meal break unless the employee works less than 5 hours in a shift (6 hours, if agreed to via collective bargaining/union agreement).

Employees must receive at least one 10-minute rest break for each four hours worked, unless they work less than 3.5 hours in a shift.

If you and your coworkers are not receiving the above, then you can file a complaint with the Division of Labor Standards Enforcement (DLSE) and DLSE will pursue your employer for lost wages (one hour of wages for each rest break not provided -- and the DLSE can attempt to recover up to three years of back pay from the date of your complaint filing.

Based on your stated facts, there are many times when you would not be entitled to a meal break, but you would always be entitled to one rest break in each four-hour shift.

Hope this helps.

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