Employer policy on firing an employee in the workplace

[ecmst12]

I heard about a court decision in CA just in the last week or so that employers CAN NOT be penalized for employees choosing to work through their lunch breaks as long as they are paid for it. Could still also be problems though, if they claim that they were REQUIRED to work through lunch or if they are not paid properly including required overtime pay.

 

[infocus]

Yes, exactly, does someone have a link to that? That is another reason why I started this thread.

Can I use language like "while we do not require you to work through your break, under certain circumstances, it may be necessary. this is in lawful accordance with decision blala"

 

[swalsh411]

So you're basically saying "you're not required to work through your break but sometimes you may be required to work through your break"

If the law says they must be given a break then they must be given a break. There is no exception for when you as an employer feel it's not possible.

 

[Zigner]

So you're basically saying "you're not required to work through your break but sometimes you may be required to work through your break"

If the law says they must be given a break then they must be given a break. There is no exception for when you as an employer feel it's not possible.

Actually, there ARE exceptions. But it's situation specific. The OP hasn't given us enough information to know if the exceptions would apply, and I would suggest that, if the OP wants advice on that matter, then s/he should consult with an attorney, not an internet forum.

 

[cbg]

The court decision from last week means only that if an employee chooses to work through their break, they can't then sue the employer for not giving them a break. It does not in any way give the employer permission to withhold breaks regardless of the workload.

 

[ecmst12]

Right. Your policy needs to be, unequivically, your break is your time and I will never ask you to work during your break. You should never ask or expect anyone to work through their break. If, with NO influence from you, an employee CHOOSES to work during their break, and you pay them for the time, you can't be penalized for that, but you should still discourage it. No one should work 10 hours without a break, especially if they are dealing with customers - they will need that time to maintain good customer service.

 

[Willlyjo]

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

Hmmm...what do you have against Ca.? Anyway, I'd like to advise the OP that since he/she has only 3 employees, he still should carry Worker's Compensation insurance for them (many with 1--3 dont carry such insurance, which is unlawful). It could get pretty expensive if the OP should neglect their responsibility regarding such coverage.

I realize I changed the subject momentarily, but I thought I'd just mention it in case the OP doesn't realize the gravity of not following the law regarding Workers Comp. coverage for employees.

 

[Willlyjo]

So you're basically saying "you're not required to work through your break but sometimes you may be required to work through your break"

If the law says they must be given a break then they must be given a break. There is no exception for when you as an employer feel it's not possible.

The new law makes it clear that an employee CAN work through their lunch period if they desire, without the employer being held accountable. The employer cannot MAKE them work through their lunch period, however.

 

[swalsh411]

The new law makes it clear that an employee CAN work through their lunch period if they desire, without the employer being held accountable. The employer cannot MAKE them work through their lunch period, however.

I never said the employee cannot work through break if they choose to. I said they must be given the opportunity for a break. It's best practice though to insist on a break.

 

[infocus]

Worker's comp: don't have it, do I need it, what's it for? (forgive my ignorance)

Breaks: what if they take occasional smoke breaks outside, does that count as the main break, is that an additional break?

Of course I want them to take breaks, just trying to get clarity.

Thank you all!!!

 

[Willlyjo]

Worker's comp: don't have it, do I need it, what's it for? (forgive my ignorance)

Breaks: what if they take occasional smoke breaks outside, does that count as the main break, is that an additional break?

Of course I want them to take breaks, just trying to get clarity.

Thank you all!!!

You need to get insurance to protect your employees from a work-related injury ASAP!!--like yesterday!!! There are severe penalties for employers in California who do not carry insurance that protects your employees from a work-related injury!! Google the California Labor Code and study it!

 

[ecmst12]

I actually think you need to hire an HR consultant to help you write your company policies and make sure you are following the laws. Your problems seem to be going beyond what a message board can help you with.

 

[justalayman]

=Dessta;3043189]My experience is with Human Resources, so I can give you a few tips:

1) For a 10 hour workday, you are required to provide at least 2 fifteen minute breaks (paid) and one 30-minute lunch (unpaid). This is federal law and you can only break this if your employees are exempt. For a definition of exempt vs. non-exempt, you'll need to consult both the federal Dept. of Labor and California's Dept. of Labor. Note that during an unpaid 30-minute lunch, you can't require your employees to assist customers, answer the phone, etc.

that is not federal law. It's state law. Didn't check to see if it is actually correct though. Federal law requires no lunches or breaks.

 

[cbg]

As I indicated above, what Dessta posted is not Federal law; it is also not state law in any state in the US - at least, not for adult employees of private employers. I did not bother to look and see if it is law for Federal employees since the poster is not a Federal employee; likewise I did not look to see if it is law for state employees for the same reason. But, one more time for those who only just joined us, in NO state is there a law requiring adult employees of private employers to get a 15 minute break. In ONE state, which is not the poster's, certain hotel employees are an exception to this. It is not all hotel employees; it is not even all all hotel employees of the excepted classification in the state. But it is the ONLY statutory requirement of 15 minute breaks for adult employees of private employers anywhere in the US. A very small handful of states, which I acknowledge includes the OP's, a ten minute break is required. Fifteen minutes - no.

To the OP, send me a PM - I have some ideas for you.

 

[Betty]

I am assuming (seems so) that these are hourly non-exempt employees but it was never definitely established or verified by the original poster. (As a matter of fact, the OP asked in post #5 what is meant by non-exempt employee.)