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CalAttorney2, Attorney
Category: California Employment Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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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: well as the California Department of Industrial Relations: 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.

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