How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38910
Experience:  Retired (mostly)
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

The company i work for never provides rest periods and lunch

This answer was rated:

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 4 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.

socrateaser and 3 other California Employment Law Specialists are ready to help you