All over the United States, as well as in the State of California, Americans began developing labor laws during the industrial age to set standards of what was acceptable in the work place. During this time in our country, child labor and 16 hour days without breaks were commonplace. As time progressed, workers began to stand up for their rights in their workplace, fostering the progress that has been made through the judiciary system and improving working conditions. Today, the end result can be seen in the form of highly specific California labor laws which are designed to protect the employee and hold the employer accountable. This does not necessarily mean that violations and infractions no longer occur, but today’s workplace environment is a “far cry” from what employees suffered through during the industrial age. California labor law attorneys are always at the ready to assist workers being abused by non complying employers.
The California employee break laws are specific about what is expected of the employer, yet every year hundreds of workers contact California employment lawyers to file a complaint against their employers. Oftentimes the employer will send the employee home a half an hour early to “make up” for the missed meal break. Or some employers will have the employee take their break during the first half hour of work. These are common violations of California employee break laws and anyone who has been a victim should speak to California labor law attorneys to get the right representation and discuss a potential claim.
California employee break laws clearly outline what is expected of the employer as far as how often and when breaks should be administered to employees. For instance, the 30 minute break, often referred to as the meal break, is to be given within in the first 5 hours of work if the employee is scheduled to work longer than 6 hours. Furthermore, it is to be given for every 5 hour period the employee works. So if you work 10 hours in one day you are entitled to two thirty minute breaks. Lastly, these meal breaks must be uninterrupted. If you were not given your breaks properly your employer is required to compensate you for your time. Contacting California employment lawyers is a necessary step to claim the money that is owed to you.
California employees often consult California labor law attorneys to file complaints against their employers for violating California labor laws with respect to their 10 minute breaks as well. California employee break laws state that, for every 4 hours of work the employee is entitled to a10 minute break. By law the employer is not required to record these breaks and is also not required to pay the employee for these breaks. However, some employers choose to pay their employees. The two most common courses of action the employee can take if they feel their employment right have been violated is to contact either the California Labor Board or California employment lawyers.
In the state of California, the burden of proof is on the Employer. This means that anytime the employer is brought to court on allegations of violating California labor laws it is the employer’s responsibility to prove that they are not guilty of such accusations. If the employer is unable to do so, it is assumed that the allegations are of merit and the court will then determine to what extent the worker should be compensated. Also, it’s important to note that as an employee, you have up to 4 years to have California labor law attorneys file a complaint with the court. Keep in mind that the California Labor board will usually only go back 3 years. Regardless of how the employee decides to air their grievances and seek resolution, the important thing is to stand up to employers who are taking advantage of their employees by violating California labor laws.
Source by Mansi Gupta