Employer says we need to take our break in CA

Don't do that.

You are subjecting yourself to an incredible amount of risk if anything bad were to happen to you while you are working off the clock.

 

I believe California has state regs that require rest brakes and lunch brakes. They apply to all employees within the state.

Many out of state employers with employees in Cali are implementing corporate policies to be compliant with the state laws. They are motivated so they don't get pulled into Big $$$ class action lawsuits.

A corporate policy that is more strict than the CFR is allowed by the CFR. The corporate policy allows them to take action, including terminating, an employee who does not comply.

 

I asked our local CHP commercial officer about the half hour break. He said in California it's mandatory. There are some agricultural exemptions but they wouldn't apply to you.
Take the break, kick back, it's only a half hour.

 

OK let's see about this - Wave guy, are you a 1099 contractor?

if so they can't tell you crap, you work, take your breaks and then they are supposed to pay you an agreed amount for the work.

If you are an employee, are hourly, and you are living in California, then it is a paid break according to California law, they can not tell you that it is limited on how to take your break, or when to take it and they can not tell you to work through it - period.

If you are an employee, you are hourly and you are out of Illinois or other states, then the state where the company is based in most cases will govern how you are treated, most states require a PAID break, Illinois changed some of their laws last year and were in effect first of the year, one such law is how lunches and breaks are to happen - PAID.

NOW here is a difference between a person being paid by the mile and one for hourly, the exemptions to breaks don't exist. The FMCSA regs only govern the interstate movement of the truck and the FLRA does exempt the paid by mileage drivers from OT and other things. No breaks are being paid no matter what by the regulations or the law.

SO it matters where you live, and how you are paid to determine if you should be paid.

 

He didn't say that. The federal regulation does not require a 30 minute break for drivers who stay within 100 miles. It does not forbid employers or state legislatures from requiring breaks of this or any other kind.

 

If a company has a requirement that is more stringent than the federal regulations, yes they can do that. Individual states can have regulations more strict than federal also. The only thing they can't do is violate the federal regulation. Don't be working on mandatory breaks it's asking for trouble.

 

I would encourage you to verify anything said online. I have not lived in Cali, nor employed anybody there for over a decade, that is the root of my uncertainty. I do Know the regulations affecting employees has changed. A big part of those changes is AB5 which is still being challenged in the courts.

Newsom signs bill rewriting California employment law, limiting use of independent contractors

I do know I received a check from a class action settlement involving a previous company I was leased to. The legal claim was over meals and rest brakes.

Probably a good Idea. My Bet: Somebody at the company has written a rule that you need to know about.

 

Breaks are required in California for w2 employees. Last time I worked in California it was 2x15 min and a 30min for an 8 hr shift.

could have changed but doubt it would be worse.