Are you overworked and exhausted?
Keeping track of the hundreds of labor codes may seem like a waste of time, but are you sure you are getting paid for all the time you should? New labor law SB435 defines guidelines for proper breaks for all employees. Were you even aware you are entitled to paid breaks for every four hours you work?
It may be just 15 minutes, but if you work in the heat, sever cold or another strenuous position it can be crucial to your health. The California labor code was put in place to protect employees in many ways; this one is specifically set up to help protect your wellbeing.
So what has changed?
Workers have long been entitled to a short break provided they work at least four hours, but here the changes you’ll want to stay on top of:
First, the break period must be PAID, it may be short, but if it’s twice a day and everyday that can add up on your check.
Second, it is considered a “full rest” period, this is a new clarification that matters. You CANNOT be given indoor tasks or deskwork to complete while you are cooling off, warming up or otherwise resting.
Third, the break should be given as close to the middle of the shift as possible and is NOT to be combined with the lunch break.
It is important to note that if you work fewer than three hours, no matter the conditions you are not entitled to the break/ rest period. In addition there are limitations which apply such as the fact that because you are being paid during this time the company has the right to require that your stay in your area or on premises. If you work in a smoke free workplace this means they DO have the right to tell you that you cannot smoke on your break. This would not be a violation of your rights at work.
As with all rules there are the exceptions and they go both ways, those working in care facilities such as assisted living or in-home care, these tend to be 12 hour shifts and in many cases do not have relief partners to cover breaks. In such a case the waiver for the break period must be well defined and signed by both parties. On the other side those working in sports, performance, on set or other similar situations have their own detailed agreements for additional rest periods based on the exertion of the given position.
All situations are a little different and it can be very daunting to try and keep up with all the changes in labor codes and case law, but if you think you may be getting shortchanged or mishandled by your employer you need to get the right legal advice.
United Employees Law Group has over 35 years experience in CA law and we know them inside and out. Call today and let us find out just what you may be owed before time runs out on your claim.
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