Sc Labor Laws For Breaks In Oakland
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FAQ
There is no requirement under South Carolina law for an employer to provide employees with breaks or a lunch period.
In most states, breaks are required by law. The employer has to, by law, enforce that employees take those breaks. If they fail to do so, it opens them up to very expensive lawsuits. I recall a decade or two back, The Gap has a massive settlement in the state of California over employees working through breaks.
Trust me, this is a very common question and many like you are surprised that there is no federal law requiring that employees be given breaks in the United States. An employer has the right to make you work 12 hours without a break or even 16 hours.
All workers have rights on the job. In California, workers are protected by labor laws. It does not matter where you were born or what your legal status is. Once you are hired, you have rights.
In general, when an individual resides in California, they are subject to California's comprehensive and protective labor laws regardless of where their employer is located. California laws also apply to those who are legal residents of other states but are working in California.
The Professional Exemption sets out eight specific professions (law, medicine, dentistry, optometry, architecture, engineering, teaching, and accounting) that are exempt from the first 12 sections of the Wage Orders. It also addresses certain other professions, including nurses, pharmacists and software coders.
The California Supreme Court has concluded that California's employment laws govern all work performed within the state, regardless of the residence or domicile of the worker.
The law does not provide employees with an explicit entitlement to a meal period. Each agency has the authority to establish its own requirements for meal periods. An agency may require or permit unpaid meal periods during overtime hours, and the policy may be different from the one for the basic workweek.
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.