But this isn't it. 5 hours without a meal break isn't what the labor laws are there to stop. Most labor laws don't even cover how many hours can be worked before a break is required. They aren't breaking any laws. Labor laws are there to protect gross negligence in the treatment of employees i.e. forcing employees to work the whole shift of 8 hours or more without any breaks at all, Poor or unsafe working conditions and the like.
Poor little twenty year olds can't sit or stand in an air conditioned store and talk for 5 hours straight?? The horror !! Count me in the group that thinks America's youth is a bunch of weenies
Yes, in California, this *IS* the law...and the law also PROHIBITS an employee from voluntarily skipping the meal break and, the employee MUST take at least one of the two 15 minute breaks in an 8 hour day.
If you don't get a "true
uninterrupted meal break," you must be paid a meal-break penalty of one hour for each 8 hour shift. 2 for a 12 hour shift. How do I know this? I know this because I get paid these penalties EVERY day that I work.
California is VERY protective of its workers, to the extent that it protects me, no matter where I am physically working. If I work in NY, PA, NJ, NV, Arizona (as I have in the past) as a California employee, the provisions still apply. There is only ONE exception to California's labor protections, and that is if the location I am working outside of California would "afford greater protection."
I don't see why everyone is whining about some employees getting their breaks, getting their paychecks or whatever. As far as employees being required to be on-site before their shift for a "bag inspection," those hours, since mandated as required are what California considers "hours worked."
An example of an
interrupted meal break, would be a security guard at a gate, who is not provided a "relief" for his meal break. If this guard, must stop eating his lunch to perform duties, no matter how small, like "pushing a button to open a gate, door, etc.., answering the phone," this is a interrupted meal break. This is true, even if he did not actually have to perform duties during the break, the mere fact that he "might" have to do it, is enough.
You guys can try to argue this all that you want. Anybody who says or tries to state otherwise in California is simply wrong.
They have website, and law firms that specialize in exactly that. (though I am not a litigious person)
Check out www.gotmealbreaks.com and www.gotovertime.com
Think about these numbers, I work usually 6 days most weeks, there are 52 weeks in a year... That makes 312 penalty hours (for my example, i'll pretend that I did not work 12 hours in a day.) Take that 312 hours, times YOUR hourly wage and see what you get. Even if you only made minimum wage, (in cali it is $9.00), then you are looking at $2808.00 before takes. After state & federal taxes, that is enough to buy yourself today a 13" Macbook air with retina display including sales tax.