Employment Law With Breaks In Alameda

State:
Multi-State
County:
Alameda
Control #:
US-002HB
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PDF; 
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Description

This Handbook provides an overview of federal laws addressing employer-employee rights and obligations. Information discussed includes wages & hours, discrimination, termination of employment, pension plans and retirement benefits, workplace safety, workers' compensation, unions, the Family and Medical Leave Act, and much more in 25 pages of materials.

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FAQ

In compliance with California labor laws, nonexempt employees are entitled to an unpaid meal or lunch break lasting a minimum of 30 minutes for shifts exceeding five hours. This break, which should commence before the completion of the fifth hour of work, can be waived only if the workday does not surpass six hours.

California Employers and Employees may Mutually Waive a Meal Break. An employee and an employer may mutually agree that the employee will waive (or relinquish the right to) a meal break. California Labor Code § 512(a) .

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.

Employers must get an employee's written agreement in advance for taking on duty meals. Workers must also be able to withdraw their consent to this arrangement at any time. In California, ing to labor laws, employees can waive their lunch break if their work shift is six hours or less.

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.

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.

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Every nonexempt employee who has worked over five hours in a day is obligated to receive a meal break. An employee is entitled to a 30 minute meal period whenever he or she works a shift of more than five hours.Employers must authorize and permit uninterrupted rest breaks for all nonexempt employees whose total daily work time is at least 3.5 hours. Labor Commissioner's Office, Wages, breaks, retaliation and labor laws, . An employer cannot employ someone for a work period of more than five hours without providing an unpaid, off-duty meal period of at least 30 minutes. Under wage and hour law, non-exempt employees need to get a 30-minute lunch or meal break if they work beyond five hours in one day. Under wage and hour law, non-exempt employees need to get a 30-minute lunch or meal break if they work beyond five hours in one day. California employers must provide employees with a paid rest break for every 4 hours of work, as well as an unpaid meal break every 5 hours. Under state labor laws, most California employees are entitled to meal and rest breaks. Employees who wish to opt out must complete and sign a waiver form.

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Employment Law With Breaks In Alameda