California law on working hours

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tulip_IHB

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Can someone shed some light on this issue?



An employee has a 12 hours work day, it starts 4am to 4pm. According the to the company HR, you have to take a 1/2 lunch every 5 1/2 hour shift, so that mean if you started at 4am, you have to take a lunch arond 9:30am. From 9:30 to 4pm, you can not take another lunch, that is another 5 1/2 .



I told my friend that is not true, as long as you take 1/2 lunch during your 12 hours shift you should be okay, whether you take it at 9:30am or 11:30am that is up to you, but I was told this is a new law.



Is this true?



Thanks,
 
<p>Current rules in CA can be found here: <a href="http://www.dir.ca.gov/dlse/DLSEManual/dlse_enfcmanual.pdf">http://www.dir.ca.gov/dlse/DLSEManual/dlse_enfcmanual.pdf</a></p>

<p>Basically, you can't be forced to work for more than 5.5 hours with out a 30 minute meal break unless your shift is only 6 hours long. It doesn't say you have to work the full 5.5 hours before taking the break. For a 12 hour shift, there should be two meal breaks and three ten-minute breaks.</p>
 
Nude,



Those two meal break on company time or on your time? If it is on your time, that mean technically, you only worked 11 hours?



Thanks for the website.
 
It is true. Employers have been sued by former employees over this issue. A company will owe it's employee a full hour should the employee not have their meal prior to the 6th hour. Futhermore, should the employee not taken a 30 min. meal break at all. Then the company will owe said employee a 1 hour meal penalty plus crediting the employee his/her 30 min.
 
Reason,

On the issues of 1/2 hour lunch on the 12 hours shift, or the issue of taking the lunch when you reach the first 5 1/2 shift?
 
If it's an 8 hours shift. Should be every 5.5 hours of work. If it's 12 hours shift. It's every 10th hours. But the employee has to sign a meal waiver.
 
<p>Tulip,</p>

<p>Mealbreaks are unpaid, so your time. The ten-minute breaks are on company time. Technically it's 12 hours of work over a 13-hour span. I couldn't find the ten-hour condition mentioned by reason. 12 hour shifts are pretty harsh, and every employer has to have the rules clearly and conspicuosly posted in the workplace, so I'm curious as to what kind of company this is exactly.</p>
 
Nude,



It is brutal and it is 12 hours a day 6 days a week!!!!!! You rotate your day off, that mean someone will have Monday off and someone else will have Tuesday and so forth. There are two shift, 4am to 4pm and 4pm to 4am. 24/7 365 days The pay is not that great but my friend told me the OT is awesome, because I guess 12 work shift will entitled you to 4 hour OT every day?



It a huge manfuactor company and publicly traded on the stock market.
 
For nurses working 12 hour shifts.... the rules are 2 - 30 minute breaks, neither paid, and 3 - 15 minute breaks, on the clock. You get "penalty pay" if you work more than 5.5 hours without a 30 minute break. And the "12 hour" shifts are really 13 hours. However, you can agree to sign a "meal waiver" that says you will only take 1 - 30 minute break, along with the 3 - 15 minute breaks, and then your shift ends at 12.5 hours, instead of 13 hours. This waiver also eliminates the late meal penalty, so the 30 minute break can come whenever there's someone available to cover your patient assignment.
 
Heres a good one: I know someone that is salaried/exempt, and the company they work requires for 1/2 day vacations to complete a vacation request form (so their vacation balance is docked for 4 hours). I thought salaried/exempts cannot be docked for vacation if they work any amount of hours in the day: 12 hours or 4 hours. Can anyone shed some light on this ?
 
<p>I wouldn't want a nurse (or dr) taking care of me on the 12 1/2th hour of a 13 hour total shift. Just shows the medical establishment cares nothing for health.</p>
 
<p><em>Just shows the medical establishment cares nothing for health.</em></p>

<p>That's a bit extreme. If it wasn't for a great surgeon, I wouldn't be here right now typing this message. I agree with you - the medical field should review the hours they require for their nurses and doctors, but there are some great nurses and doctors out there that care a great deal about health.</p>
 
Mediaboyz,



I could be wrong since I am not an expert on employment law...but at our company...if you worked 2 hours and leave for reason of Dr appointment or sick, you will get pay for 8, since we are exempt/salary employee.



BUT....if you work 4 hours and leave early for vacation, then you have to submit your 4 hour PTO.



Anyone know the law? I am interest to know my rights too. I think I will check with HR on Monday.
 
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