An employee bans smoking during 10-minute breaks in California. I just started getting a new job that gives us a 15-minute break from their policy. At first we could go out if we wanted, but now they say we can`t go out at all, only during our 30-minute break. My problem is that I smoke and smoke every break. Can they forbid me by law to go out during my 15-minute break? Employer`s Note: Be careful and consult with a lawyer before approving off-duty meal breaks. In-service meals were observed only in very limited circumstances. 1/2 hour, off-premises, for lunch in each 8-hour shift. Employers should give you your 10-minute breaks in the middle of your shifts. Cal. Code Regs., Tit.

8, §§ 11010–11150, subd. 12; Brinker Restaurant Corp. c Superior Court (2012) 53 Cal.4th 1004, 1029 [“Employees are entitled to 10 minutes of rest for shifts of three and a half to six hours, 20 minutes for shifts of more than six hours to 10 hours, 30 minutes for shifts of more than 10 hours to 14 hours and so on.”]. ↥ An employee who works more than ten hours per shift is entitled to a second 30-minute lunch break. The employer must schedule a second break no later than the end of the tenth hour of work. I think that`s technically the case, but I might be a little wrong with the timing if there`s no rest before the meal break, as I currently understand. In addition, so-called “on-duty” meal periods, which require employees to work during their meal breaks, are only allowed if: California workers are entitled to a half-hour meal break after the fifth hour of work. 30 minutes if the work lasts more than 6 hours during a calendar day.

I work in a pizzeria and I do 11.50/hour and work 27 hours a week and I`ve never had a ten minute break and noticed that no one has a conversation about it. My cheque does not contain any type of premium payment, do I need to inform my supervisor? Can a boss count a long bath visit as 2 breaks. The CEO of my work wants us to check in and out for our 10-minute break if we only work about 5 hours. Is it legal, I must know, because she also told us during the session, but it is not in the manual on slaughter and entry and exit during our 10 minutes. If you work 6 hours in a single day, you will have 10 minutes of rest. Some companies allow 15-minute breaks. I work for a small production company in California. Once a quarter, we have a mandatory safety briefing that takes place during the 10-minute morning rest.

The meeting takes place in the conference room, so the employees are not at their workplace. Employees are on time and allowed to eat if they wish. You just have to sign up to show that they were there. Otherwise, they just listen to the presentation and can ask questions at the end of the meeting. The duration of the meeting varies from 10 to 20 minutes. One employee asked if this was acceptable under the CA Act because it was a mandatory meeting. What are you saying? So if you worked an 8-hour day, you would receive 9 hours of pay for not having 30 minutes without work. My employer recently told us that we are not allowed to go out during our ten-minute break while the store is closed, but we can in our thirty-minute break, I read your answer to someone else, that in general they should not prevent us from leaving, but you also said that there are exceptions? Could you give me some examples of exceptions to this act/rule? So if you have a written agreement to give up your meal time AND your company takes 15-minute breaks, your employer needs to free you from all tasks during that rest period and give up control over how you spend your time. If this does not happen, it is not a rest period and you are entitled to rest. Hello, I work for a very large catering company. I have been here for two years since this month. Almost all employees who work as a waiter have not been given a 10-minute break.

When we try to take one, we are asked why we sit down. The times are for staff working in the kitchen to take breaks, but that`s it. One in two employees walks around until it`s time to leave. Most of us work 4-5 hour shifts, so we are eligible for this 10-minute break. Do you think this is a violation? The consequences of not taking a break from lactation are serious. The employer must pay a civil penalty of $100.00 for each violation.61 When calculating entitlement to a meal break, the relevant question is how many hours the employee actually works – not how many they have been scheduled. In California, an employer cannot employ an employee for more than five hours of work per day without providing the employee with a meal time of at least thirty minutes, except that if the employee`s total working time per day does not exceed six hours, the meal time may be cancelled by mutual agreement between the employer and the employee. A second meal of at least thirty minutes is required if an employee works more than ten hours a day, with the exception that, if the total working time is not more than 12 hours, the second meal may be cancelled by mutual agreement between the employer and the employee only if the first meal has not been cancelled. Article 512 of the Labour Code.

However, there is an exception for employees in the film industry, as they are not allowed to work more than six hours without a meal hour of at least 30 minutes or more than an hour. And a subsequent meal period should be called no later than six hours after the end of the previous meal period. Assignment IWC 12-2001, Section 11 (A) I work for a doctor`s office and we do not enter or exit during the day, but we must initialize the schedule and not get breaks in a 9-hour workday. We have either an hour of lunch or breaks of 2.30 minutes. Are they required to give breaks for a private practice in California? If an employee is scheduled for 8 hours and is entitled to a 30-minute lunch break, is he or she entitled to two paid 10-minute breaks or only one, since he or she is technically stamped for only 7 and a half hours after deduction of the 30-minute lunch break? Hello, I work at the reception of a hotel. If I get up at the front desk during my working hours, I`m available, and if I check my Facebook because someone is checking in or on the phone, does it count as a 10-minute break? Hi, I was working in a place where when I work 10 hours, say 8:30-7, I have 3 breaks and lunch. I usually work 9-hour shifts, from 6:30 a.m. to 3:30 p.m. We don`t have a physical lunch or rest breaks, but we do have downtime where we can sometimes sit for a few minutes. On my payroll, my employer deducted an hour each day for a supposedly unpaid one-hour break each day (which we don`t really take). We usually have time to eat a snack that we bring and rest for a minute, but we don`t go in or out to represent that time, and it`s certainly not the equivalent of an hour a day.

My boss may be absolutely right, but it seems confusing to me. Thank you! The duration of the required rest periods must be at least ten (10) minutes per four (4) hours or a significant portion thereof that the employee will work during the day. Employees can skip breaks. Employers cannot put pressure on workers or encourage them to give up rest. California also has exceptions for various industries in terms of meals and breaks. These industries include health care, construction, commercial drivers, unionized workers, public authorities, the film industry, utilities, and security guards. This list is not exhaustive and the exceptions are complicated. If you have any questions about your employment status and the rights to eat and rest, it is best to contact an experienced labor lawyer. When developing these rules, an uncovered employee is entitled to rest breaks as follows: I recently started a new job that makes me eliminate for my 10-minute breaks and gives me 30-minute breaks when I`m 5 hours away from the schedule. Is it allowed by law 10-99 employees (as long as they are not misclassified) are not entitled to 10-minute breaks by CA Labor Code. Unless the employee is released from all duties during his or her thirty minutes of meals, the meal time is considered the “on duty” meal time, which is counted as the hours worked, which must be paid at the employee`s normal rate of pay. A “duty” meal period is only permitted if the nature of the work prevents an employee from being released from all obligations and if the food paid for in the workplace is agreed in writing between the employer and the employee.

The written agreement must stipulate that the employee may revoke the contract at any time in writing. Orders IWC 1 to 15, Section 11, Order 16, Section 10. Consideration of whether the nature of the work prevents an employee from being relieved of all his or her duties is objective. An employer and an employee may not agree on a meal period in the ward unless an employee is prevented from being relieved of all his duties on the basis of the necessary work obligations on the basis of objective criteria.