California meal and rest break law for pt workers

Swanson

Well-Known Member
I noticed the unit manager chiseled my time card the other day,I worked 6hours 20 min and the pos changed it to 6 hours.(He has done this a couple of times)So I looked up the lunch law because of his greed,and found that I am owed a 2nd ten minute paid break and an unpaid lunch break by hitting over 6 hours.By not giving the second break,or the lunch they owe me a full hour of pay for each break and meal violation(2 hours).Is this how this works or am I missing something here?If I work more than 5 hours can I also nail them for not offering the lunch after I work 5 hours and one minute?
 

trickpony1

Well-Known Member
I noticed the unit manager chiseled my time card the other day,I worked 6hours 20 min and the pos changed it to 6 hours.(He has done this a couple of times)So I looked up the lunch law because of his greed,and found that I am owed a 2nd ten minute paid break and an unpaid lunch break by hitting over 6 hours.By not giving the second break,or the lunch they owe me a full hour of pay for each break and meal violation(2 hours).Is this how this works or am I missing something here?If I work more than 5 hours can I also nail them for not offering the lunch after I work 5 hours and one minute?
Yup.....this is how it works.
They will screw you every chance they get in hopes you won't notice it.
Been happening for years.

But then they'll fire you for dishonesty......
 

542thruNthru

Well-Known Member
I noticed the unit manager chiseled my time card the other day,I worked 6hours 20 min and the pos changed it to 6 hours.(He has done this a couple of times)So I looked up the lunch law because of his greed,and found that I am owed a 2nd ten minute paid break and an unpaid lunch break by hitting over 6 hours.By not giving the second break,or the lunch they owe me a full hour of pay for each break and meal violation(2 hours).Is this how this works or am I missing something here?If I work more than 5 hours can I also nail them for not offering the lunch after I work 5 hours and one minute?
I believe there is a exemption for CBAs in the CA lunch/Rest laws. I'd have to double check.
 

542thruNthru

Well-Known Member
Where I'm at we get no break or lunch but I'm glad I don't live in California.
Thanks for that super helpful information. We were all wondering if you had a opinion about CA. Now we know.
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El Correcto

Well-Known Member
I noticed the unit manager chiseled my time card the other day,I worked 6hours 20 min and the pos changed it to 6 hours.(He has done this a couple of times)So I looked up the lunch law because of his greed,and found that I am owed a 2nd ten minute paid break and an unpaid lunch break by hitting over 6 hours.By not giving the second break,or the lunch they owe me a full hour of pay for each break and meal violation(2 hours).Is this how this works or am I missing something here?If I work more than 5 hours can I also nail them for not offering the lunch after I work 5 hours and one minute?
Have you considered moving out of California or are you still waiting for your extra career to pay off?
 

Swanson

Well-Known Member
I believe there is a exemption for CBAs in the CA lunch/Rest laws. I'd have to double check.
From my understanding correct me if I am wrong,If you work over 5 hours they have to offer you a lunch during the 4th hour you are allowed to waive the lunch(but they have to ask if you want it). Over 6 hours theres a mandatory lunch and a 2nd 10 minute rest break.
 

eats packages

Brings a Switch to work
WA CA OR all have very similar laws in this regard. The contract supercedes the state law however it's important to know that the union contract has to have specific language to override the state law. and we regulate laws through state statute similar to how we have local practices within a given Teamsters contract.

Here we follow the state laws almost to a tee except we refer PT employees to the FT contract in that lunches are taken for 8 or greater hour shifts. Some people may argue that PT do not abide by the FT contract and therefore get a lunch after 6 but this is just how it's been implemented aka makes the most sense.

It's important to know that we afford PT employees articles to the FT contract in the past when doing FT work so it's not just a one-way deal.
 
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