California Employment Law
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Hello,The answer to your question is controlled by Title 8 Cal. Code Regs. 11050 subd. 11(D), which provides:
The above-described waiver is an individual right. It has nothing to do with the alternative workweek schedule. If the employer is not giving you what you want, then revoke the waiver and demand two meal breaks. If the employer hassles you, then file a retaliation claim with the DLSE.
I realize what you want here is money. Unfortunately, the law is gray on the issue that the employer is pushing. So, revoke the waiver entirely, and then the employer will have a different problem. Because when you're not working, the employer will have to staff someone else, and that will cost time and money. Maybe that will give you some negotiating leverage.
Hope this helps.
no you really did mot answer my question....bluntly is it ok for my employer to think that because I work 12 hours its ok to make me work 10 hours before they are required to give me lunch? i have worked in her hospitals in this state as a 12 hour employee and they all made sure i had my lunch before the start of my 6th hour and i had signed the same waiver waiving my second meal break. i do not understand why the 6 rule applies to dome hospitals but not the current one i work at. plus they have changed the miss break rule this year to state that if we get all 3 of our ten minute breaks say in our 11th hour we still cannot get a missed break premium because tho they were not given to us thru out the day we did eventually get them
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