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Old 01-24-2011, 02:30 PM
 
Location: California
25,290 posts, read 16,196,552 times
Reputation: 17671
I've never "clocked" in or out of anything. Most employers and employees have an understanding of what's expected. And others will give you hell if you abuse that.
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Old 01-24-2011, 02:31 PM
 
Location: Coachella Valley, California
15,206 posts, read 24,835,064 times
Reputation: 12329
I don't think the break law applies to every single industry in CA. I think it is a choice individual to the employer to make an employee clock in/out and take a break at a mandated time. I know for a fact there are numerous businesses not doing this. You take a break when you take a break.

Texas, huh? Figures ....
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Old 01-24-2011, 02:31 PM
 
Location: Oakland, CA
2,964 posts, read 2,311,684 times
Reputation: 2310
I think it sucks big time, especially if you're in the service industry. I go to work to WORK and make money, not to take 10 and 30 min breaks.
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Old 01-24-2011, 02:40 PM
 
Location: California
25,290 posts, read 16,196,552 times
Reputation: 17671
Quote:
Originally Posted by 04kL4nD View Post
I think it sucks big time, especially if you're in the service industry. I go to work to WORK and make money, not to take 10 and 30 min breaks.
You never need to pee or eat? Interesting, thanks for sharing.
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Old 01-24-2011, 02:44 PM
 
277 posts, read 112,090 times
Reputation: 273
Quote:
Originally Posted by 04kL4nD View Post
I think it sucks big time, especially if you're in the service industry. I go to work to WORK and make money, not to take 10 and 30 min breaks.
So you can work 8 hours strait with no breaks?
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Old 01-24-2011, 02:50 PM
 
Location: West Coast Wanderer
12,391 posts, read 10,377,534 times
Reputation: 5941
This law is not new at all. Many employers need to be regulated as they will take full advantage of their employees. Even then, not every employer follows this law. If you work in a theme park, expect to take your breaks WHEN IT'S MOST CONVENIENT! I've been on both sides of this; I've waited in the past to have breaks and lunches and I've been responsible for allocating them. Trust me, theme parks DO NOT follow this law to the letter.

As for the clocking/swiping in and out, that's good for the company. Many companies had employees taking every long lunches until they were finally caught costing the company a lot of money.
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Old 01-24-2011, 03:05 PM
 
Location: West Coast Wanderer
12,391 posts, read 10,377,534 times
Reputation: 5941
Quote:
Originally Posted by Twinkle Toes View Post
I don't think the break law applies to every single industry in CA. I think it is a choice individual to the employer to make an employee clock in/out and take a break at a mandated time. I know for a fact there are numerous businesses not doing this. You take a break when you take a break.

Texas, huh? Figures ....
The clocking in and out isn't required but the every two hours sort of is. Here's how it breaks down:

Non minors:
2.0-5.5 hrs one mandatory break must be given no sooner than the 1st two hours. Cannot be given at the end of shift.

5.75-6.25hrs. One mandatory break. Employee has the option to take a lunch no sooner than the 1st two hours but must be taken by the end of the 5th hour. (This is always a gray area when it comes to optional lunches).

6.25-12.0hrs. Lunch must be taken no sooner than the second hour but by the end of the 5th hour. Breaks can be scheduled accordingly but one should be given before the lunch and one after. Basically every two hours works out in most cases.

Minors:
2.0-5.5 hours remain the same
5.75-6.25 is a gray area. In my case minors had to take a lunch, it was not optional for them. Not sure if this was a company policy or the law.

Minors cannot work more than 8.0 hours in a day and could not exceed 40 hours in a week. At my job minors were not scheduled more than 7.5 hours in a day. That was the companies policy.

Lunches have to be a minimum of 30 minutes and breaks 10 minutes.

So it's not so much that employees HAVE to get some sort of break every two hours. It just usually worked out that way. As long as you get two breaks and a lunch within that times specified, the employer is fine.

I used to have to do this stuff on a daily basis and had to help plan budgets and make up to 100 shifts a day and had to be mindful of both the minors and non minors and make adjustments accordingly.
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Old 01-24-2011, 03:17 PM
 
Location: Living on the Coast in Oxnard CA
10,199 posts, read 13,333,260 times
Reputation: 11675
Quote:
Originally Posted by Fontucky View Post
This is new? I was forced to do that 7 years ago at my C-shift electronics job in San Clemente.
Let me clarify that, we always clocked out. we were not required to clock back in as the system clocked you back in. With the new law you need to do it yourself, at least you do at our size company.
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Old 01-24-2011, 03:23 PM
 
Location: Bryte, CA
1,966 posts, read 2,707,211 times
Reputation: 1311
Quote:
Originally Posted by SOON2BNSURPRISE View Post
Doesn't matter. The law also regulates lunch time as well. Before we used to swipe out for lunch and the computer would log us back in. Now we need to do that on our own because of the law. In the past you could combine the break and lunch time, but the new law has time lines that need to be followed.
Your employer isn't required to have you clock in and out for lunch. They do it for a variety of reasons. To discourage people taking lunch early or late and make sure they aren't shortchanged a few minutes of labour and a way for large chains to make sure some punk manager isn't shortchanging employees out of breaks and lunches, setting the company up for labour law violation fines, are just a few reasons. Many employers don't require their employees to clock in and out.

You could never combine break and lunch in California. The law has required employers to schedule breaks and lunches in as even time increments as possible so Joe Sixpack's employer doesn't make him wait three hours and forty-five minutes into his four hour shift to get his break. It doesn't mean he has to take his break exactly two hours into the shift. An hour and thirty minutes is acceptable.

These laws were the result of some employers refusing to allow employees to use the restroom during working hours or shortchanging employees for 15 minutes of pay to do so. Thus the requirement to for pay during breaks.
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Old 01-24-2011, 03:41 PM
 
Location: West Coast Wanderer
12,391 posts, read 10,377,534 times
Reputation: 5941
Quote:
Originally Posted by KC6ZLV View Post
Your employer isn't required to have you clock in and out for lunch. They do it for a variety of reasons. To discourage people taking lunch early or late and make sure they aren't shortchanged a few minutes of labour and a way for large chains to make sure some punk manager isn't shortchanging employees out of breaks and lunches, setting the company up for labour law violation fines, are just a few reasons. Many employers don't require their employees to clock in and out.

You could never combine break and lunch in California. The law has required employers to schedule breaks and lunches in as even time increments as possible so Joe Sixpack's employer doesn't make him wait three hours and forty-five minutes into his four hour shift to get his break. It doesn't mean he has to take his break exactly two hours into the shift. An hour and thirty minutes is acceptable.

These laws were the result of some employers refusing to allow employees to use the restroom during working hours or shortchanging employees for 15 minutes of pay to do so. Thus the requirement to for pay during breaks.
Exactly and ccompanies do get audited for this for these very reasons at times. None of this would be necessary if people would just do what they knew they should. It's like I said in another thread regarding that free will. Give people a chance to screw others over, many of them will take that chance.
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