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Work Labor Law For Breaks In San Bernardino
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State:
Multi-State
County:
San Bernardino
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.
Many investigations are initiated by complaints, which are confidential. The name of the complainant, the nature of the complaint, and whether a complaint exists may not be disclosed.
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.
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.
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.
How to overcome my distaste for being forced to take 30-60 min unpaid lunch breaks? take a nap take a walk exercise (even better if your workplace has an on-site gym or you're a member of one nearby). run errands or go shopping watch TV do personal online tasks, such as banking, budgeting, or online shopping
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.