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  1. #1
    mcoso9 Guest

    Smile How Often do I take a break at work?

    I work in California and I wanted to know what federal law is to take my break at work. I work with computers all day. My hours are 8:30-5:30 with my first break being at 10:30 then lunch at 2-3 and then my last break at 3:45. :confused: Now what is the point of me taking my break 45 minutes after I eat again???:confused:

    Please help!!!!
  2. #2
    JETX is offline Senior Member
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    California:
    "Meal and Rest Periods - Effective January 1, 2001 the requirements for rest periods and meal breaks were supplemented with new penalties that apply when these requirements are not met.

    Rest breaks must be provided at the rate of ten consecutive minutes for each four (or major portion thereof) hours worked, and should occur as near as possible to the middle of the work period. Rest breaks may not be combined with or added on to meal breaks even at the employee's request. Nor may they be used to allow an employee to come in ten minutes late or leave ten minutes early. Rest periods are paid as time worked and may be controlled by the employer. The new provision stipulates that for each workday an employer fails to provide an employee a rest period as required, the employee is owed one additional hour of pay at the employee's regular rate.

    A half-hour meal period generally must be provided for every work period of more than five hours. However, if six hours will complete the day's work, the employee may voluntarily choose not to take the meal periods. Meal periods may be unpaid only if:
    - They are at least 30 minutes long;
    - The employee is relieved of all duty; and
    - The employee is free to leave the premises.

    Meal periods may be longer than a half-hour at the employer's discretion. The new provision stipulates that for each workday an employer fails to provide an employee a meal period as required, the employee is owed one additional hour of pay at the employee's regular rate. "
    Source: [url]http://www.merithr.com/pages/bussol/resources/calaborlaw.htm#mealrest[/url]
  3. #3
    mcoso9 Guest
    Thank you for the reply! Does this mean that it is every two hours? I heard that California Labor Laws state that it should be every two hours. There are four shifts to work, they are as followes:

    7:00-4:00 7:30-4:30 8:00-5:00 8:30-5:30
    9:45-10:00 10:00-10:15 10:15-10:30 10:30-10:45
    12:00-1:00 12:30-1:30 1:00-2:00 2:00-3:00
    2:45-3:00 3:00-3:15 3:15-3:30 3:45-4:00

    When my husband spoke with his HR Department they said it was by law every two hours and when I spoke with mine then they said that they get to choose when I take all my breaks. Which is true?
  4. #4
    JETX is offline Senior Member
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    I gave you the law... you need to figure out how it applies to your specific situation and what you want to do with the information.
  5. #5
    pmintpatty Guest

    Question

    I was wondering if the same law applies to Fl. about the breaks. We work on Sundays 11:30/6:30 and are required by our Co. to take a 30 min unpaid lunch. I'm the only member of management there and rarely do I get to take an un interrupted lunch. I wouldn't mind not getting a lunch on this day but my employer says we have to , by law! Is this true?
  6. #6
    JETX is offline Senior Member
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    Since this post is not directly related to the original thread (labor in California), please post to a new thread.

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