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question regarding labor laws in california

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T

tonyscj5

Guest
What is the name of your state? cal

At the Lumber yard I work at we are often very buisy during the summers. Often time us truck drivers do not have time to take a lunch during the day. It was my understanding that each employee has to take a half hour lunch break during their 8 hour shift?

The drivers often dont get this lunch break. But the company has to cover their tail, so the book keeper is told by managment to take a half hour out of the middle of the day, and tack it on to the end of the day, on the drivers time cards. They do this almost daily.

Is this legal, what can happen to them for doing this? In california I was under the impression that If you dont take a lunch during an 8-5 hour shift you should be paid 8 hours straight time, 1 hour OT, and then compensated for the lunch that you were forced to work through.

Whats the law say?

thanks
 


R

Ramoth

Guest
In California, if you work straight thru from 8 AM to 5 PM, you get paid 8 hours regular time and 1 hour OT. You don't get extra money for the missed lunch, but you do get to file a claim with the state DOL about the missed lunch.
 
T

tonyscj5

Guest
Thanks for the reply. What would the DOL do to the company?

The secretary changes the time on the time cards, and everyone sighns the cards at the end of the week. If you dont sighn you dont get paid? If you complaighn about it you only get grief form managment and lose any chance of raise or promotion. No union or form of power for employees.
thanks
 

divgradcurl

Senior Member
If you file a complaint with the department of labor standards enforcement, and they find that you have not been getting your lunch breaks, they will have the company pay you 1 regular hour for every lunch break you missed on days where you worked 5 or more consecutive hours. You can also get 1 hour per day paid for every day in which you are not allowed to take your breaks, one 15 minute break per 4 hours (but only 1 hour paid whether you missed 1 or both 15-minute breaks). So, on days where you get no breaks at all, you could get 2 regular hours paid (1 for missing lunch and 1 for missing the breaks). Plus any overtime as Ramoth suggested.

However, if the company is changing your timecards and adding in missing breaks and lunch periods and then having you sign them, you are likely going to have an uphill battle to show that you didn't get the breaks... You can talk with the DLSE, but when you sign a time card, you are saying you agree with it. If you can show duress, fine, but you'll probably need to line up some witnesses. You should also be keeping careful records of your work hours yourself, this can be helpful in a DLSE investigation. The other alternative is to vote with your feet and find another job...
 
T

tonyscj5

Guest
thats the thing, I am a college student and it is hard to find a non minimum wage job that will work around my school schedule. I have no chance of finding another job that will pay me decent and work around school.

I guess the negatives are made up for by the positives.

And I know I shouldn't sighn the time cards, but what can I do? If I dont sighn the time cards I will not get paid. I cant afford to wait for my check while the thing gets sorted out.

I guess when I find another job i can call the labor board.

Tony
 

divgradcurl

Senior Member
Okay, but in the meantime, keep very careful records of when you actually work and when you take breaks (if any). If you have any access to your time cards before the secretary modifies them, make copies if possible, otherwise copy the infromation off of them. Maybe keep a small notebook handy to jot down this information. All of this information will be helpful if you do end up filing with the DLSE later. The DLSE will go back up to 3 years when you file your complaint, so keeping the info now is helpful, and anything you can reconstruct may also be useful.
 
T

tonyscj5

Guest
We use a credit card style elctronic time clock, you just swipe your card. What are the laws regarding rounding of times? I think currently the system rounds you time when your clock in and out but not when you take breaks?
 
R

Ramoth

Guest
It is illegal to withhold your paycheck simply because you didn't sign an altered timecard. It is illegal for the company to alter your timecards in order to avoid paying overtime, or to hide illegal activity on their part. It is illegal to take action against you for reporting their illegal activity to the Labor Board.

Two choices here - find another job, or forget about getting paid properly. THis company most likely will not "see the light".
 
California

I am a sales agent for a builder, working 10-6 from a sales office. We do not receive a lunch break or a 15 minute break. We are not allowed to leave the premises. This practice is industry-wide.

My question is: "Am I entitled to back pay/compensation for the time I have not been given? I am asking based on the previous thread.

Thanks for your reponse.
 

cbg

I'm a Northern Girl
Are you exempt or non-exempt?

BTW, NO state requires a 15 minute break. California is one of the very few that requires ANY rest break; the requirement in CA is 10 minutes.

Just clearing up a commonly held but mistaken belief.
 
I'm not sure which is which....I am on a salary and also receive
commissions. I am an employee (as opposed to an independent contractor). I am not on an hourly pay scale but rather a monthly salary.
 

divgradcurl

Senior Member
"I'm not sure which is which....I am on a salary and also receive
commissions. I am an employee (as opposed to an independent contractor). I am not on an hourly pay scale but rather a monthly salary."

You can check with your employer to find out if you are classified as exempt or non-exempt. If you are classified as exempt, your employer is not required to give you breaks or lunch, and is not required to pay you overtime. If you are salaried and not getting overtime, then chances are you are classified as an exempt employee.

Now, whether you are PROPERLY classified as an exempt employee is naother questions altogether...
 

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