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California paid breaks - fedup

Posted: Apr 09, 2015

California is one of the few states that require paid breaks. The way Nuance ignores this is illegal. Does anyone have any experience with pushing this issue?

When I lived in CA... - Amber

[ In Reply To ..]
I had a similar situation where I worked security and we were required to come in 15 minutes before our shift for briefing from the prior shift. We were never paid for this time, which added up. I took them to the labor board and they awarded me overtime for 15 minutes every day I worked there.

In the situation with not being given breaks, when we review the time clock requirements I ask about breaks and am always reluctantly told that we can take a little break. If you have something in writing, an email or anything that states you can't take breaks, and you live in a state that requires they be given, contact the labor board. That is something I have not seen don yet.

Labor Board - fedup

[ In Reply To ..]
It was explained to me that breaks must be paid independent of production pay and must be included on your stub separately. I haven't been able to get any information from HR.

When I questioned it, I was told - fedup too

[ In Reply To ..]
something about a percentage of time allotted into the system metrics for it. Something about 15% system allowance, if that makes sense. I can't remember exactly what I was told and have searched high and low for that email to no avail. In a couple of weeks, I was going to start digging HR about this. About a month ago, I started documenting my actual work time also so as to have that written out instead of just WC. You never know when you may need that kind of thing.

Not legal - fedup

[ In Reply To ..]
This is the information the labor board gave me.

"Any employee who is not given a meal or rest break must be paid 1 hour of pay at their regular rate. If an employer refuses to pay this additional one hourâ��s pay, the employee can either file a wage claim with the Division of Labor Standards Enforcement or retain a private employment attorney to fight it."

Fed up - Not a federal law

[ In Reply To ..]
Are you talking about CA or in general? Where I work we are not paid for our lunch break. We get an hour, but in essence it is a 9-hour day. Those who choose to forfeit that need to put it in writing. Obviously, if a person stays on the clock and works through lunch, they are going to get paid. If you check the federal labor laws, I think you will see that employers are not required to pay employees for their lunch hour.

Rest period - fedup

[ In Reply To ..]
This is referring to California rest period laws specifically. Paid rest periods of 10 minutes for every 4 hours worked are required in California. Lunch breaks are not required to be paid, but must be provided.

Link - fedup

[ In Reply To ..]
http://blog.hkemploymentlaw.com/index.php/court-holds-that-because-rest-periods-must-be-separately-compensated-for-in-a-piece-rate-pay-plan-class-should-have-been-certified/

$7800!!!!! - fedup

[ In Reply To ..]
According to the Labor Board, back pay is recoverable for 3 years. Five days a week for 3 years at let's just say an even $10 per hour equals $7800!!

So we need to get on this before the first 3 years - is up.

[ In Reply To ..]
xx

Hire date - fedup

[ In Reply To ..]
My hire date on my pay stub shows over 3 years and they are using the same ID number still for taxes as Transcend, so I am claiming 3 years.

I suspect they will just quit hiring MLS from CA. - Ben Tover

[ In Reply To ..]
I know other companies that refuse to hire any MLS from California because of the labor laws they do not want to follow.

Not just CA - Break taker

[ In Reply To ..]
The two 10-15 minute breaks are also a law in WA and a few other states. I am unsure if the MTSOs are bound by state labor laws. I would suggest discussing it with your manager or HR department first and then taking it further if need be. As you are paid on production, log out, take your break and log back in. You might not get paid for that time but at least you will be getting a break from work.

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