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Old 01-22-2012, 08:11 AM   #1
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Employee lunch break legal question

I have family with a business here in cali, and some of the employees are asking for lunch breaks even though they're only working for 4 hours, some only 3 hours. My relative isn't sure if they legally have to allow that or not (because the work hours are so short already). Anybody have a clue?
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Old 01-22-2012, 08:13 AM   #2
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http://www.gotmealbreaks.com/
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Old 01-22-2012, 08:15 AM   #3
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Pretty sure that they're only allowed to if they're working 6.5 + hours.

I think from the 4 hour to 6 hour mark they're allowed 1 ten minute break,

Anything less then 4 means no break.
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Old 01-22-2012, 08:16 AM   #4
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From what I remember 4 hours of work only requires a 15 minute break. 7 hours of work and you get a 15 minute break and a 30 minute unpaid lunch. 8 hours or longer and you get 2,15 minute breaks and an unpaid lunch.
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Old 01-22-2012, 08:16 AM   #5
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Jeez. 3-4 hour work day and asking for a lunch? May want to tell them to look for new employees that aren't so lazy
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Old 01-22-2012, 08:17 AM   #6
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Quote:
Originally Posted by chris4x4 View Post
From what I remember 4 hours of work only requires a 15 minute break. 7 hours of work and you get a 15 minute break and a 30 minute unpaid lunch. 8 hours or longer and you get 2,15 minute breaks and an unpaid lunch.
^This. I am not sure about California but this rule applies in Maryland.
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Old 01-22-2012, 08:19 AM   #7
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Quote:
Originally Posted by bootboiler View Post
good link. further searching found this too http://www.caliemployment.com/?p=3

thanks for the input guys
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Old 01-22-2012, 08:19 AM   #8
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I was told from my sister in law who lives in san diego, she doesn't think you have to if its under five hours.
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Old 01-22-2012, 08:23 AM   #9
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http://www.dir.ca.gov/dlse/faq_restperiods.htm

I think that says Cali requires 10 mins off for every 4 hours worked.

http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm

I think that says they are entitled to a 30 min meal period when they have more than 5 hours worked in a day.

So I would say- They get 10 mins off and that's it. And they are lazy-I work lunches all the time and put in 10-13 hours days....Looking for lunch after 4 hours?? Lame.
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Old 01-22-2012, 08:25 AM   #11
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I say f*** um. Work them 3 hours and 55 minutes......... then fire them.
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Old 01-22-2012, 08:38 AM   #12
Have a coke and a smile and shut the f#%k up!
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Then go to the local home depot and get more employees
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Old 01-22-2012, 09:21 AM   #14
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Quote:
Originally Posted by Hawaiitaco View Post
Jeez. 3-4 hour work day and asking for a lunch? May want to tell them to look for new employees that aren't so lazy


At my workplace....we're supposed to give them 20 minutes every 4 hours and 30 minute unpaid for a full 8 hour day. If things are running smoothly, and the Operators allow it...give 25 minutes.

But where the abuse comes in......(no offense to the smokers out there) - but the smokers whine & cry and want a POTTY BREAK every hour and ON the hour. A potty break is just that....to go to the bathroom. But noooooo....the smokers go out to the gazebo and burn one. And sometimes they're gone for 10 frigin minutes!!!

I don't mind 5 minutes, but any later than that....I'm taking 5 minutes off your regular break. GET YOUR ASS BACK ON TIME!!
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Old 01-22-2012, 09:25 AM   #15
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Give them a 30 min lunch break, and tell them they have to stay a half hour longer.
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Old 01-22-2012, 09:32 AM   #16
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Quote:
Originally Posted by tcBob View Post
I have family with a business here in cali, and some of the employees are asking for lunch breaks even though they're only working for 4 hours, some only 3 hours. My relative isn't sure if they legally have to allow that or not (because the work hours are so short already). Anybody have a clue?
You're asking TW about labor laws which can vary from state to state as well as being guided by federal law?! TW is cool and all, but google is a better bet. And even better is finding out directly with the state. Cali is one to give lots of perks to the employees. If someone brings a case against the company, "but I heard on TW" ain't gonna cut it! LOL!
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Old 01-22-2012, 09:41 AM   #17
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Quote:
Originally Posted by elmo7 View Post
You're asking TW about labor laws which can vary from state to state as well as being guided by federal law?! TW is cool and all, but google is a better bet. And even better is finding out directly with the state. Cali is one to give lots of perks to the employees. If someone brings a case against the company, "but I heard on TW" ain't gonna cut it! LOL!

Ya sheesh, asking questions like he owns the place or something.

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Old 01-22-2012, 09:47 AM   #18
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Quote:
Originally Posted by elmo7 View Post
You're asking TW about labor laws which can vary from state to state as well as being guided by federal law?! TW is cool and all, but google is a better bet. And even better is finding out directly with the state. Cali is one to give lots of perks to the employees. If someone brings a case against the company, "but I heard on TW" ain't gonna cut it! LOL!
But maybe the folks who RUN BUSINESSES in Cali or the folks who have provided links to the US DOL and Cali Labor website were helpful??

Doubt anyone will be trying to cite TW as a legal source- but getting a pointer in the right direction can be easier than cold researching it.
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Old 01-22-2012, 09:49 AM   #19
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Quote:
Originally Posted by elmo7 View Post
You're asking TW about labor laws which can vary from state to state as well as being guided by federal law?! TW is cool and all, but google is a better bet. And even better is finding out directly with the state. Cali is one to give lots of perks to the employees. If someone brings a case against the company, "but I heard on TW" ain't gonna cut it! LOL!
Yeah man you tell that noob how it is...
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Old 01-22-2012, 10:05 AM   #20
Babytruck, babytruck...I've got a babytruck :)
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Quote:
Originally Posted by Brunes View Post
http://www.dir.ca.gov/dlse/faq_restperiods.htm

I think that says Cali requires 10 mins off for every 4 hours worked.

http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm

I think that says they are entitled to a 30 min meal period when they have more than 5 hours worked in a day.

So I would say- They get 10 mins off and that's it. And they are lazy-I work lunches all the time and put in 10-13 hours days....Looking for lunch after 4 hours?? Lame.

The above is correct.

I deal directly with employee issues at my work as union rep for my location.
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