California Employment Law

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In California ... iWork 8 to 3. I usually get my 30 between…

Customer Question
In California ... iWork...

In California ... iWork 8 to 3. I usually get my 30 between 8 and 11 maybe 11:30 then a 10 around 1 to 2 am I entitled to more breaks.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just they could get me a break other then a 10 today because my coworker went home sick.

Submitted: 7 months ago.Category: California Employment Law
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Answered in 4 hours by:
12/31/2017
California Employment Lawyer: legalg, Other replied 7 months ago
legalg
legalg, Other
Category: California Employment Law
Satisfied Customers: 13,872
Experience: General Practitioner. Research Attorney
Verified

Hi! A few minutes please as I review your question so I can provide you with legal information-thanks!

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California Employment Lawyer: legalg, Other replied 7 months ago

These breaks are referenced as "rest breaks" and the employer must provide 10 minute breaks for every 4 hours worked; please see:

https://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm

This is a state law; not federal.

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Customer reply replied 7 months ago
You did not answer the question.i asked if I got my legal breaks. Start 8 30 min is 2 to 3 hours after . Then aroun 1 get a ten. I usually off by 3 . I work 6.5 hours if you deduct my break . I usually do not work 7 hours so because I will not work 7 hours f they deduct my meal break they don’t give me my second 10.
California Employment Lawyer: socrateaser, Lawyer replied 7 months ago
socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 40,148
Experience: Retired
Verified

Hello,

Different contributor here. Please permit me to assist.

In Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1028-1029, the California Supreme Court clarified the rest period rules: "Employees are entitled to one rest period for shifts from 3½ to six hours, two rest periods for shifts of more than six hours and up to 10 hours, three rest periods for shifts of more than 10 hours up to 14 hours, and so on." Id. at 1029.

Based upon your stated facts, you work 6 1/2 hours (8 am to 3 pm) per day, because the 30 minute meal break does not count. According to the Supreme Court precedent, you are entitled to two 10 minute rest breaks each work day.

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California Employment Lawyer: socrateaser, Lawyer replied 7 months ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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