Labor Laws In California Breaks In San Bernardino - USLF Multistate Employment Law Handbook - Guide
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The Occupational Safety and Health Administration (OSHA) has neither researched nor issued standards requiring that workers be permitted lunch and rest breaks in the course of their workday.
Rest breaks are handled differently. Rest periods. You can voluntarily skip your rest break, but you cannot waive your right to it. Your employer cannot pressure or encourage you to skip a rest break.
No, under California law rest period time is based on the total hours worked daily, and only one ten-minute rest period need be authorized for every four hours of work or major fraction thereof.
Many investigations are initiated by complaints, which are confidential. The name of the complainant, the nature of the complaint, and whether a complaint exists may not be disclosed.
Employers cannot require employees to request rest breaks; instead, they must facilitate these breaks and ensure they occur. This is because rest breaks are considered a legal right under California law, not a matter of personal discretion.
Employers who make it difficult or impossible for their workers to take these legally-protected breaks owe their workers compensation for forcing them to miss their breaks. Should they fail to provide this compensation, these employers could face a lawsuit based on California law.
Yes, you can bring a legal claim associated with the employer not providing you with a reasonable opportunity to take your meal or rest periods.
Unless your employer tells you otherwise, you're still expected to work up until your scheduled quitting time, even if you willingly skip lunch. There are some situations when employees may take what California law calls “on duty” meal periods.
California requires employers to provide employees with ten-minute rest breaks for every four hours (or major fraction) worked. Anything over two hours is a “major fraction” of a four-hour period.
You must start and end all Meal and Rest Periods in a work status. You cannot use a Meal or Rest to leave work early or show up late. That said, some offices allow it - and again are violating federal law in doing so.