California Employment Law
California Employment Law Questions Answered by Legal Experts
Kumar,Hello again and thank you for your message.If I were an employer in your circumstance, I'd shy away from any policy which required my employees to clock out for breaks. Employees are entitled to one 10 minutes paid break for every 4 hours of work or major fraction thereof, and even though you plan on adding this time back onto their timecards when you process payroll, it has the initial appearance of a non-compliant labor practice. Plus, this is complicated.I am assuming that due to the young (potentially irresponsible) nature of your employees and the fact you do not employ a manager "on the ground" that you have video surveillance. Assuming that to be the case, I'd simply require my employees to write in a log when they are taking their ten minute paid breaks and ask that they leave the store premises for that time. Then, I'd cross check the log times with my surveillance footage to ensure they were leaving and coming back when they said.A store policy should ordinarily be "if you are on the premises, you are on the clock," with the only exception being logged rest breaks as described above. That keeps things simple and easily enforceable, since if the logged rest break times are not consistent with the surveillance (whcih will either show or not show the employee on the premises) you will have proof of a violation and thus, violation of your company policy and grounds for discipline.If you do not have surveillance, you would be extremely wise to invest in it, not just to ensure that employees do not take took long of breaks, but to guard againt theft and other risks a business of your kind faces.As always, please feel free to let me know if you have any further concerns. If this answers your question, I would be most grateful for a positive rating of my service so that I may receive credit for assisting you.
Thanks attorney. Appreciate your advise to my situation and paper log situation. I thought about it but did't implement thinking punch cards would work. Would implement the paper log system. Yes, we have the remove CCTV that see thru iPad and iPhone, so tracking would be easy.
One final point, could I know the amount of paid and un paid break time permitted for 3 hours, 4 hours, 5, 6 hours and 8 hours shifts?
Thanks much, attorney, for your response and candid advise. I fully agree to hire a manager. I interviewed a manager on Friday and she will be joining in 2 weeks. I go to store every other day for 3-4 hours but problem starts when I leave. Manger will take care of it. Thanks again.
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