Part-Time employment hours...?

Hello. For a few months now I have been working at this restaurant as a Part time food server. I live in California, and as far as Im concerned Part-time is 30 hours a week. Well, for the past 2 months my managers have been making me work for 8-10 hours with no break in between, but they seem to adjust the clock so that the accounting department doesn't find out, making it seem like I took a break between my shift hours. They do this to all the food servers there, and on top of that sometimes they will give us 6 hours between shifts; for example on Saturdays I get off at 12am, and then have to open at 6am. They never ask me if I want to work over-time or if its ok if I close one night and open the following morning. Is this Legal?

Cara S

no it is not legal. employers must give you at least 8 hours between shifts, meaning you can't close and then open the next day. also if you work more than 8 hours you must be paid overtime. you must be given a 15 minute break if you work 4 hours, a 30 minute lunch if you work more than 5 hours. and this is ca law. double check me if you like, but i'm pretty sure that is how it work, good luck!

leysarob

For California Meal Periods -- If an employee works more than five hours, an unpaid thirty minute meal period is required. The exception to this policy is if the employee works less than six hours, and both the employer and the employee agree to waive the meal period.

If an employee works more than 10 hours, a second thirty minute meal period is mandated. Again, however, if the employee works less than 12 hours, and both the employer and the employee agree, the second meal period may be waived as well.

garykung

Your situation is even worse than what others say.

1. Unused Break
As your employer did not allow you to use breaks. As a penalty in California, those hours will be considered as a part of compensation, which mean that by working 8-10 hours per day, you will have an extra pay of 30-45 minutes upon determination by the California Department of Industrial Relations, Division of Labor Standard Enforcement.

2. Over time
For working more than 8 hours per day, you will receive 1.5 time of your hour wage for the remaining hour until you reach your 12th hour. In your case, your employer owe you exactly 1 hour of wage per day, plus the break. Your employer may liable for almost 2 hours of wages.

3. Violation of various regulation
You probably won't get anything from it. But your employer will be slapped by the State for a large amount of penalty.

Please contact California Department of Industrial Relations, Division of Labor Standard Enforcement as soon as possible to file a wage claim.

http://www.dir.ca.gov/dlse

~*~I love my baby~*~

legally you are supposed to get a break 2 hours after the start of your shift, a lunch 4 hours after the start and another break 1-2 hours after your lunch.
and you are supposed to get at least 7-8 hours in between shifts. legally what they are doing they can not do. i would bring it up to someone higher than your manager. thats against the law what they are doing

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