California Labor Law Help

[Tyche]

I'll tell you what I do have: a violent opposition to workers being exploited, and nurses are some of the most victimized. They're horrifically overworked, definitely underpaid, serve the public in some of the most mentally and physically demanding positions this world could offer, and deserve those breaks that they don't get more than virtually anyone.

If you think I don't sympathize with them, that couldn't be further from the truth. Do I think they shouldn't get their breaks, though? Of course not. In fact—and you likely know this—research has shown time and time again that the fatigue which nurses, doctors, etc., costs lives, even as it saves them. It is a horrific example, and exactly why labor law violations should not be tolerated, at all.

When I mentioned paid breaks earlier, I meant to also refer to lunch breaks, so I do count that just as much. You are clocking out for that time, but by getting that break, you are working a shift long enough to justify it—considering, you are still making more money. Like the aforementioned nursing example, research has proven that workers in any industry produce better quality work when they're given adequate break time. Our reputation for being one of the most overworked countries in the world does not lead to our being the most productive, and is truthfully a weakpoint. It's honestly illogical, as a lot of the overtime that corporations waste their money on could be saved with superior project management.

I'm really going too far into this for this thread, though.

As for the pizza manager: assuming you're in California, if you're on salary, you are not subject to the same set of laws as hourly workers. Furthermore, it is legal for an employer to have an employee work, say, four ten hour days rather than five eight hour days, but this must be an arrangement made ahead of time and not on the fly. You also have to get your meal breaks, and again, if you're hourly, it is a complete violation of state law if you work at all during those breaks. I understand that something else was posted which contradicts this, but there's a difference between you doing it willingly and your being forced to.

I encourage you to not tolerate this. Contact the labor board. They have various phone lines you can call for a free consultation on the matter. I have done this in the past, and have landed a few different companies in hot water (not to mention that I've been reimbursed for lost time). Companies usually bank on the fact that their employees are too scared to do anything about this abuse, and unfortunately, they are often right.

There's a reason you shouldn't be afraid, however: as long as you keep a paper trail between yourself and whoever you start consulting regarding labor law violations, your employer cannot fire you over it, lest they expose their company to something even more costly: a lawsuit.

I think you spent too long replying and still completely missed the point. You generalized people that miss breaks as lower class/retail/wait staff gigs, but that couldn't be further from the truth. There's a ton of blue collar jobs that put in 12 hours straight. I think I read an article awhile back saying the average fortune 500 CEO averages like 4 hours of sleep a night. And you def. give nurses more credit than they deserve lol.

This brings me to a sexist rant I have. There's two "jobs" people have (predominately women) that are built up as some of the most difficult jobs in the world. Stay at home mommies and nurses. Well, I do both. I'm a stay at home dad during the week. I take care of 3 kids under 5, one of which is an infant. I work a critical care stroke unit on the weekends. Neither is particularly difficult and incredibly overhyped. Nothing pisses me off more than someone saying "oh, I'm a stay at home mom, it's so hard". Remember a few months ago where some liberal mouthpeice said "Mitt Romney's wife hasn't worked a day in her life" followed by some fucking outcry of mothers around the world talking about how hard it is to be a stay at home mom? That killed me. You want a medal? Congrats, you're a rich white bitch with housekeeprs and you took care of a couple of kids while your husband worked.

[Tajin]

Fortune 500 CEOs got 500 problems but being overworked aint one lol. Out of left field much? >_>

[Tyche]

Meh, the whole "nurses are overworked, underpaid, most taxed job in the world yadad yada ya" just set me off. Yeah, sometimes we get busy, may have to snack at the station, etc, but generally we are compensated very well. A ton of nurses are 2 year degree nurses and some of them make $30-$40 an hour. Masters degree nurses can make upwards to $200,000 a year. I wouldn't call it mentally or physically taxing, but you can certainly make it that way. The job isn't for everyone, I'll acknowledge that, but it isn't coal mining or oil drilling.

[Kohan]

I think you spent too long replying and still completely missed the point. You generalized people that miss breaks as lower class/retail/wait staff gigs, but that couldn't be further from the truth.

No, I didn't generalize. That's exactly the people who posted in this thread, and I was talking to them. They even said as much in their posts. The OP is a server, another person works at Wal*Mart, the third is a pizza parlor manager, and so on.

There's a ton of blue collar jobs that put in 12 hours straight. I think I read an article awhile back saying the average fortune 500 CEO averages like 4 hours of sleep a night. And you def. give nurses more credit than they deserve lol.

That's location-dependent. In Los Angeles, it's not undeserved.

[Tyche]

Cali is a mandated 5:1 ratio with at least 1 CNA. I can't see how it's that bad.

[Airenn]

Learn to chill the fuck out. Seriously.

The people who are saying that they don't like breaks in this thread are usually the ones slaving at their blue collar jobs. Retail servant, a freakin' waiter, and so on—and you wonder why the lower class in this country has an image of being overworked and underpaid? You're perpetuating the problem. You don't look more impressive because you don't want to take your breaks, you're simply easier to take advantage of. This kind of doormat mentality can also get you passed over for promotions rather than looked at for them, as nobody respects a pussy. You should have some expectations for what you get back (beyond your wage, tips, etc.), and breaks are one of the only opportunities for that which peons get.

If you're getting a Goddamn break, don't sit there and wish you were grinding away at yourself for the man for another fifteen minutes. You're still getting paid, so fuck that worrywart shit. Go for a walk, let your mind wander, bring a book to read on your breaks—give your body the brief rest it needs. And if you want to take pride in your work and do a damn good job, consider that your period to rejuvenate and do better when you're back at work.

If none of that works for you and you want to be an unnecessarily dedicated slave, the previous posts were right: you can't do that in California, so suck it up.

You're an idiot.

To everyone else: Thanks.

[Kohan]

You're an idiot.

It's cool, you can go on burning yourself out instead of taking the break you're legally entitled to, thinking all the while that this will be what's best for you and your career.

I don't know why people find it admirable to be suckers, and I suppose I never will.

[hey]

It's cool, you can go on burning yourself out instead of taking the break you're legally entitled to, thinking all the while that this will be what's best for you and your career.

I don't know why people find it admirable to be suckers, and I suppose I never will.

Because who the fuck cares if you're entitled to something if you don't need or want it? And for many people who aren't constantly doing something at work, what is even the point? They get mini breaks all the time, what do they need 30-60 minutes off for?

[Cream Soda]

I think Kohan is referring to the people who forgo their on the clock breaks. Not the off the clock ones. Lol fuck those; would prefer not to get any off the clock breaks.

[hey]

I think Kohan is referring to the people who forgo their on the clock breaks.

I think kohan is living in a fantasy world.

[archibaldcrane]

When i was a low rent wage slave, i always took my paid 15-min breaks and always resented my 30-min forced unpaid breaks. I don't want to be generally occupied with my employment for a half hour longer than necessary - I'd always rather just finish my damn shift and then spend time when I'm not getting paid doing something other than waiting to clock in again.

[AoE]

I must be lucky because I get along with almost everyone at my job. Usually on my breaks, I'm shooting the shit with co-workers, managers, and having a good time bonding with people.

Also retail corporate can lick my balls. Its a joke. I don't see how anyone wouldn't wanna take advantage of them because they sure take advantage of you. I also don't understand why anyone our generation would want to make a career out of it because it seems like the most needlessly stressful career path ever with very little appreciation shown for it. Maybe if these old stubborn assholes see that nobody wants to be treated like a piece of shit, they'll stop creating pointless policies that do nothing but antagonize their employees.

Kohan, I think she called you an idiot not because she wouldn't find your information useful but because you wrote a whole lot on something she's not concerned about. I personally welcome and absorb info like that and I think that response was uncalled for but I could see how it coulda came off pretentious to someone not seeking that type of help.

[RKenshin]

It's cool, you can go on burning yourself out instead of taking the break you're legally entitled to, thinking all the while that this will be what's best for you and your career.

I don't know why people find it admirable to be suckers, and I suppose I never will.

Making a whole'lotta assumptions in this thread about other people's priorities, work situations, work/life balances, hobbies, what they enjoy, what burns them out, and what they think.

I don't know where some non-full-break-taking-hooligan-coworker touched you in the past, but I promise they're not all the same.