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Employee lunch break legal question

Discussion in 'Off-Topic Discussion' started by tcBob, Jan 22, 2012.

  1. Jan 22, 2012 at 8:11 AM
    #1
    tcBob

    tcBob [OP] Gringo Bandito Staff Member

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    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?
     
  2. Jan 22, 2012 at 8:13 AM
    #2
    bootboiler

    bootboiler Well-Known Member

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  3. Jan 22, 2012 at 8:15 AM
    #3
    707tothe907

    707tothe907 Superior Member

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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.
     
  4. Jan 22, 2012 at 8:16 AM
    #4
    chris4x4

    chris4x4 With sufficient thrust, pigs fly just fine. Staff Member

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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.
     
  5. Jan 22, 2012 at 8:16 AM
    #5
    Hawaiitaco

    Hawaiitaco Well-Known Member

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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
     
  6. Jan 22, 2012 at 8:17 AM
    #6
    ST3VE

    ST3VE Well-Known Member

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    Check my build page, ya filthy animal!!
    ^This. I am not sure about California but this rule applies in Maryland.
     
  7. Jan 22, 2012 at 8:19 AM
    #7
    tcBob

    tcBob [OP] Gringo Bandito Staff Member

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  8. Jan 22, 2012 at 8:19 AM
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    Superx2

    Superx2 Well-Known Member

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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.
     
  9. Jan 22, 2012 at 8:23 AM
    #9
    Brunes

    Brunes abides. Staff Member

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  10. Jan 22, 2012 at 8:24 AM
    #10
    Norton

    Norton Senior TW Member

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    California... :crazy:
     
  11. Jan 22, 2012 at 8:25 AM
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    chris4x4

    chris4x4 With sufficient thrust, pigs fly just fine. Staff Member

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    I say f*** um. Work them 3 hours and 55 minutes......... then fire them.
     
  12. Jan 22, 2012 at 8:38 AM
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    hogeyphenogey

    hogeyphenogey Baby on the way and I have an access cab! Yikes!

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    Then go to the local home depot and get more employees
     
  13. Jan 22, 2012 at 8:41 AM
    #13
    carcharias

    carcharias Giggiddy what what

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    I have to break my crew for 1 hour every 6 hours worked.
     
  14. Jan 22, 2012 at 9:21 AM
    #14
    Janster

    Janster Old & Forgetful

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    :thumbsup:

    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!!
     
  15. Jan 22, 2012 at 9:25 AM
    #15
    jtav2002

    jtav2002 Kenny Fuckin Powers

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    Give them a 30 min lunch break, and tell them they have to stay a half hour longer.
     
  16. Jan 22, 2012 at 9:32 AM
    #16
    elmo7

    elmo7 Easily Replaceable Member

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    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!
     
  17. Jan 22, 2012 at 9:41 AM
    #17
    Fightnfire

    Fightnfire Recklessly tired

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

    :anonymous:
     
  18. Jan 22, 2012 at 9:47 AM
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    Brunes

    Brunes abides. Staff Member

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    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.
     
  19. Jan 22, 2012 at 9:49 AM
    #19
    KPT

    KPT sees what you did there.

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    Yeah man you tell that noob how it is...
     
  20. Jan 22, 2012 at 10:05 AM
    #20
    babytruck

    babytruck Babytruck, babytruck...I've got a babytruck :)

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    The above is correct.

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