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 CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2, Attorney
Category: California Employment Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
71563194
Type Your California Employment Law Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

How may an employer defend from an employee who states he was

Customer Question

How may an employer defend from an employee who states he was not given 10 minute breaks in California. The employee was never denied 10 minute breaks. This certain employee was classified part-time although sometimes she worked over 20 hours a week. the 10 minute break time police was not given in writing or word of mouth but, it would not have been denied if asked to take it.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer,The 10 minute break is based on number of hours worked in a day. If the employee works more than 3.5 (three and a half) hours per day, they are entitled to a 10 minute break. This break should fall in the middle of the 4 hour block if possible.The employer needs to ensure that the employee is given their 10 minute break (the burden is on the employer, it is not the employee's obligation to ask for one).You can find guidelines for break and meal rules here: http://www.nolo.com/legal-encyclopedia/california-laws-meal-rest-breaks.htmlAs well as the California Department of Industrial Relations: http://www.dir.ca.gov/dlse/faq_restperiods.htm Regarding defending a business in a hearing before the Labor Board, it is going to be critical to have payroll and staffing records to show when the employee worked, how many hours, and when they had breaks. The hearing is based largely on what is documented. You can supplement the documentation to explain your records, or notations, but the hearing officer is going to focus on what is documented.

Related California Employment Law Questions