Working without breaks

[Dehl]

Jurisdiction

California

Is there any action I can take with my company for allowing the managers in my department to deny 15 minute breaks to us cooks and tips and simply lie about my ability to make themselves look better to the upper management? Also can they chage my schedule without notice after 4 years without talking to me to see if I can work those hours and days?

 

[army judge]

1. Q. What are the basic requirements for rest periods under California law?


A. Employers of California employees covered by the rest period provisions of the Industrial Welfare Commission Wage Orders must authorize and permit a net 10-minute paid rest period for every four hours worked or major fraction thereof. Insofar as is practicable, the rest period should be in the middle of the work period. If an employer does not authorize or permit a rest period, the employer shall pay the employee one hour of pay at the employee's regular rate of pay for each workday that the rest period is not provided.

2. Q. Must the rest periods always be in the middle of each four-hour work period?


A. Rest breaks must be given as close to the middle of the four-hour work period as is practicable. If the nature or circumstances of the work prevent the employer from giving the break at the preferred time, the employee must still receive the required break, but may take it at another point in the work period.

3. Q. My employer is not allowing me to take a rest period. Is there anything I can do about this situation?


A. Yes, there is something you can do if you are an employee covered by the rest period requirements of the Industrial Welfare Commission Wage Orders. If your employer fails to authorize and permit the required rest period(s), you are to be paid one hour of pay at your regular rate of compensation for each workday that the rest period is not authorized or permitted. If your employer fails to pay the additional one-hour's pay, you may file a wage claim with the Division of Labor Standards Enforcement. Division of Labor Standards Enforcement (DLSE)

4. Q. Is it permissible if I choose to work through both of my rest periods so that I can leave my job 20 minutes early?


A. No, working through your rest period does not entitle you to leave work early or arrive late.

5. Q. Can my employer require that I stay on the work premises during my rest period?


A. No, your employer cannot impose any restraints not inherent in the rest period requirement itself. In Augustus v. ABM Security Services, Inc., (2016) 5 Cal.5th 257, 269, the California Supreme Court held that the rest period requirement "obligates employers to permit-and authorizes employees to take-off-duty rest periods. That is, during rest periods employers must relieve employees of all duties and relinquish control over how employees spend their time." (citation omitted) As a practical matter, however, if an employee is provided a ten minute rest period, the employee can only travel five minutes from a work post before heading back to return in time.


Assistance for employees and employers: Answering your questions
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[cbg]

s there any action I can take with my company for allowing the managers in my department to deny 15 minute breaks

Yes - you can report the lack of breaks to the DLSE DLSE forms
(FYI - required breaks in CA are 10 minutes long, not 15)

can they change my schedule without notice after 4 years without talking to me to see if I can work those hours and days?

Yes. It's entirely up to the employer what time they want to schedule you for. It's not up to you.