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.
Employment Law With Breaks In San Jose
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Multi-State
City:
San Jose
Control #:
US-002HB
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FAQ
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.
If HR won't help you, go to your local labor board and report them. And if you do go to your local labor board, talk to a lawyer and let them know what's going on. Also, try and take your 30-minute breaks to show that you're following the law or at least trying to. Plus, it'll give you more evidence against your boss.
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.
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.
More info
Under Labor Code 512, non-exempt employees who work more than 5 hours per day must receive a minimum meal break of 30 minutes. The California Labor Code requires employers to provide non-exempt employees with a 30-minute, uninterrupted, and off-duty break for every 5 hours of work.If you work at least 3.5 hours in a day, you are entitled to one rest break. If you work over 6 hours, you are entitled to a second rest break. By California State law, employers MUST OFFER a 30 minute unpaid lunch break after 5 hours of work. If they do not, they can be fined. Lunch or rest breaks; Fair Labor Standards Act violations; Unfair commissions; And more. We are always ready to stand up for a local worker. The law in California states that someone can work up to 6 hours with no lunch break. For more information on California minimum wage.