Is my boss violating the law?

When I'm working 4 or 5 hours my manager only gives me a 10 minutes break. The other manager who works at night gives me 15 minutes break for the same shift. I asked her why the other manager gives only 10, she didn't know what to answer.
So who is right?
I'm in California and I know the law states to take a 10 minutes break every 2 hours; and a lunch between the 3rd and 5th hour of work when working 8 hour shifts. But what about 4 or 5 hour shifts? 10 or 15 minutes break?

Also, my boss says that I cannot leave the store in my breaks only in lunch because we can take more time, and they need us inmediately sometimes.

michr

California law is for a ten minute break for every 4 hours worked not for 2. no break is required if the shift is 3&1/2 hrs or less.
http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm

any break of less then 20 minutes must be paid and the employer does not have to allow you to leave the premises as long as you are paid for the time.
http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm

meal periods of at least 30 minutes(unpaid) must be provided after 5 consecutive hours of work unless the shift is six or less hours then the employer and employee may agree to waive the meal period.
http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm

the manager who is giving you a longer break is just being generous and they can require you to stay on the premises while on a paid break.

Katie

I work 5 hours at time and get no breaks at all. If you are a minor then you must get at least a 10 minute break every 4 hours.

Also, you aren't allowed to leave the premises because when on break you are technically still "on the clock" and your employer is responsible if you are harmed during that time. When you take a lunch you "clock out".

You may punch out for breaks but look at your paycheck next week and you'll see that you're still paid for that time. You just have to "punch out" just to formally document that you DID take a break. So, since you're still being paid they have every right to request that you stay on the premises.

boom.

if the law says that you take 10 min. after every 2 hours then your boss isn't violating the law. maybe the other manager just likes to give you more time for your break

Jeff T

I think your boss is in the clear.

Work 2 hours, get a 10 minute break.
Work 2 more hours, go home.

beckoningsubstitutes

Perhaps you should concentrate on doing a good job instead of taking breaks.

U.S. Army Combat Vet

I agree with the babe blonde up top. Try not to focus so much on breaks, go work. If you're only working 4 or 5 hours shifts then your supervisor is probably right about only giving 10 minute breaks. Most states I know of only give those short breaks if you work less than 6 to 8 hours a night or day.

CabQuest

Yes your boss is breaking the LAW.

The law states that you are entitled to 2 two ten minute breaks and 1/2 hour lunch. for an 8 hours shift. As a part time worker you are entitled to 10 minutes after 2 hrs and 1/2 hr after 4 hrs. The 1/2 hr is non paid.

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