What happens if my employer doesn't give me a break?

First check your state's labor laws to see if breaks are required. If so, you can file a complaint. If the company is not in violation of any of your state's labor laws, then complaining would be useless. If there is a violation, then your company could be investigated and perhaps even fined.

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USLF Multistate Employment Law Handbook - Guide

Work State Law For Breaks In San Bernardino

Category:

Employment - Handbooks

State:

Multi-State

County:

San Bernardino

Control #:

US-002HB

Format:

Instant download

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

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.

First check your state's labor laws to see if breaks are required. If so, you can file a complaint. If the company is not in violation of any of your state's labor laws, then complaining would be useless. If there is a violation, then your company could be investigated and perhaps even fined.

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.

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.

Requirements for Rest Breaks in California Hours WorkedNumber of 10-Minute Rest Breaks 0 to hours 0 to 6 hours 1 to 10 hours 2 10.01 to 14 hours 31 more row

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.

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.

More info

A paid 10-minute rest period for every four hours worked. A: According to state law, your employer cannot force you to work during any of your meal or rest breaks or even have you "on-call.If you have worked for at least 3.5 hours, you are entitled to a 10-minute rest break. Nonexempt California employees must be given a meal or lunch break for a minimum of 30 minutes for shifts longer than five hours. Under Labor Code 512, non-exempt employees who work more than 5 hours per day must receive a minimum meal break of 30 minutes. A: Meal break laws require employers to provide a 30-minute, duty-free meal time for employees who work a minimum of 5 consecutive hours. Under California Labor Code, employees who work more than five hours in a workday are entitled to a 30minute meal break. Employees are entitled to a meal break, or breaks, depending on how long they have worked that 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. This is the second post in my "Understanding California Meal Breaks" series.

Work State Law For Breaks In San Bernardino

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