YES You Do Deserve a Break! Get Paid Too.
Did you know the laws have changed on break time? It’s not easy to keep up on all of the latest wage and employment laws, but that’s what we are here for. This year new laws were passed to protect employees from being overworked, especially in physically strenuous fields. The weather appears to have finally cooled off, but many still work in hot kitchens or factories where the outside cool down does little to help. New labor law SB435 provides protection for all employees when it comes to paid break time.
For most employees this is just a nice perk, but for many it is essential to their health and well being, even more so in the hot months. Charged with regulating the health and safety of the workplace, the CA office of Industrial Welfare also works to maintain fair wages for certain areas. Before SB 435 when employees took their break in the middle of their shift to cool off or rest they could be required to go to a desk and perform other “less strenuous” duties out of the heat.
Perhaps the largest change from SB 435 comes in the redefining of “break time.” The new law lays out this cool off period as totally off limits to the employer, while you can be required to stay onsite for the simple reason you are being paid to be there, you cannot be given other desk work or anything else to do while on your rest break. Your employer may not combine this rest period with your lunch break either.
If however your shift is less than three hours you are not entitled to the paid break period. Once you have worked more than four hours you must receive your rest time, and if this was not given in a timely manner or was unpaid you may have the right to collect not only on the break time itself, but also for penalties and interest on the unpaid time.
One thing to consider is that because this is a paid break period the company still has the right to dictate certain activities, i.e. you may not leave the premises. This in turn means that if the facility has a no smoking policy, you can be denied “smoke breaks.” This is an important distinction to remember as the denial of such breaks is NOT a violation of your rights.
There are exceptions of course which is why it is so important to get a professional review of your situation. Some exceptions include; most on-call or 24 hour care workers such as assisted living and in home care providers. As well as athletes and performers who have very specific guidelines due to the extreme nature of the work they do.
United Employees Law Group has a diligent and knowledgeable team waiting to help you and your co-workers. Whether you have an individual case or a widespread problem in the company we want to hear you story. Call today and see just what we can do for you.
Photo Credit: Shutterstock/Zoran Orcik