Employer policy on firing an employee in the workplace

[cbg]

I already provided a link to the Federal DOL saying that breaks are not required. Where is your cite that employers are required to provide reasonable breaks of reasonable length?

No one is arguing that he does not need to follow CA state law. However, CA state law requires 10 minute breaks, not 15 minute breaks. The poster is not stating that he will not provide restroom breaks and he has not referenced any nursing mothers.

You're backpedaling quite nicely but you're still wrong.,

 

[infocus]

Original thread poster here. See, this is the thing, it's confusing, as to what is allowed and what isn't. I will study the link upthread. But as I understand it, Federal Law may be one thing, but I also have to comply with State law, which is 10 minutes every 4 hours. This is a paid break and they cannot work during that 10 minutes, correct? Also, can that time be divided up at different periods, or do I have to mandate the 10 minutes be taken all at once? And again, what about the two overtime hours a day?

Yes, definitely this is no longer a contract, I understand!

Restroom breaks: obviously those are okay (I figured that was self-explanatory so I didn't mention it).

Nursing mothers: is there a law or typical policy on that?

 

[Dessta]

My most sincere apologies. I thought that helping the OP out with some advice was the purpose of the forum. I had not understood that it was about defending yourself against trolls wanting to nitpick. For the record, my advice was still sound. However, it is my own fault for not divining the true nature of this forum before posting. I shall back out now. Cheers!

 

[Zigner]

Original thread poster here. See, this is the thing, it's confusing, as to what is allowed and what isn't. I will study the link upthread. But as I understand it,Federal Law may be one thing, but I also have to comply with State law, which is 10 minutes every 4 hours. This is a paid break and they cannot work during that 10 minutes.

Yes, definitely this is no longer a contract, I understand!

Yes, you can REQUIRE them to take breaks. If you allow them to work through their lunch break (for example), then you are opening yourself up to problems. There are some exceptions, of course. But, they wouldn't seem to apply to you.

 

[infocus]

Why can't they work through their lunch break, what defines whether that is OK or not?

FMLA, what's that? I only have 3 employees.

 

[Zigner]

My most sincere apologies. I thought that helping the OP out with some advice was the purpose of the forum. I had not understood that it was about defending yourself against trolls wanting to nitpick. For the record, my advice was still sound. However, it is my own fault for not divining the true nature of this forum before posting. I shall back out now. Cheers!

Providing information that is flat-out WRONG is not helping. Failing to understand and acknowledge it when a mistake you made is corrected shows a lack of understanding of the purpose of this forum.

 

[Zigner]

Why can't they work through their lunch break, what defines whether that is OK or not?

FMLA, what's that? I only have 3 employees.

Here is a link to the rules in California: http://www.dir.ca.gov/dlse/faq_mealperiods.htm

 

[Zigner]

California rules relating to family leave:

http://www.documents.dgs.ca.gov/ohr/supervisor/DGSFMLAPolicyProcedures.pdf
http://www.fehc.ca.gov/act/pdf/California_Leave_Entitlement.pdf

 

[infocus]

Thanks, checking all links. What about CA rules related to vacation, sick leave, holidays?

 

[Zigner]

Thanks, checking all links. What about CA rules related to vacation, sick leave, holidays?

Google is your friend.

I would use the following search(es):

California vacation rules
California sick leave rules
California holiday pay rules

Look for web sites that end in .ca.gov

 

[cbg]

Dessta, you made a flat out statement that Federal law required 15 minute rest breaks and a 30 minute unpaid meal break. Federal law does not require anything of the kind and proof that your statement was wrong was provided. Nor does the poster's state law require 15 minute rest breaks - no state in the US has that requirement for adult employees of private employers with the sole exception of certain hotel employees in Illinois - and I've heard rumors that even that one exception has been repealed. It does NOT help the OP for you to provide information that is not only wrong, but is provably wrong. It doesn't make us look bad when you won't acknowledge a mistake - it makes you look bad and throws any other information you provide into question. It is not nitpicking to correct a statement that is flat out wrong.

To the OP: if you only have three employees, don't worry about FMLA - you're exempt from that.

Unless it's changed recently, I believe that CA law does not give employees the option of working through their lunch break, even if they would prefer to, unless the work shift is less than 6 hours. I'm working from memory here so check that with Zigner's link. As far as nursing mothers go, policies on that are all over the map and so is state law, so you might want to wait until you actually have a nursing mother on staff before you create a policy on it. You don't have to do everything all at once.

ETA: Boy, Zigner's right on the ball here. It's a slow day at work for me (which is why I'm able to post at all) but he's got those links out before I can open a new window.

 

[swalsh411]

My most sincere apologies. I thought that helping the OP out with some advice was the purpose of the forum.

The purpose of this forum is to provide legally correct answers.

 

[eerelations]

Federal law states that you must provide "reasonable" breaks of "reasonable" length. OSHA mandates breaks for nursing mothers and restroom breaks for all employees. Additionally, federal law mandates that the employer also stay in line with their state laws, and California lays out breaks and meal requirements rather clearly.

I've looked and I've looked and I can't find numbers in the word "reasonable" - they're just not there! Also, please note that California laws are state laws, not federal laws.

 

[eerelations]

My most sincere apologies. I thought that helping the OP out with some advice was the purpose of the forum. I had not understood that it was about defending yourself against trolls wanting to nitpick. For the record, my advice was still sound. However, it is my own fault for not divining the true nature of this forum before posting. I shall back out now. Cheers!

The information you provided would have been helpful had it been accurate.

And a heartfelt thanks from all of us senior HR folk (yep you got that, we're not trolls, we're potential employers!), if you ever apply for a job with any of us (or any of the thousands of other HR folk out there who follow us here), we won't have to waste any time whatsoever looking at your resume!

 

[cbg]

....as much as CA would like to think otherwise