help lin hot-
The Employers Group Helpline receives thousands of calls each month. Here are some recent hot issues:
Question: My company’s manufacturing plant is based in Irvine, CA. We’ve had a recent uptick in our orders for one of our products. With a tight-turnaround on the list of orders, I haven’t had time to train additional employees to handle the workload. How can I adjust the work schedule appropriately?
Answer: Great news that you’ve had an increase in orders! We love to hear that kind of success! Here are some ideas that are permissible through California law:
A) Have the employees work 10 hours every day for 3 weeks then give them a week off. B) Have the employees work 12 hours every day for 3 weeks then give them a week off.
According to IWC Wage Order 1-2001, Section 3(F): “The provisions of Labor Code Sections 551 and 552 regarding one (1) day’s rest in seven (7) shall not be construed to prevent an accumulation of days of rest when the nature of the employment reasonably requires the employee to work seven (7) or more consecutive days; provided, however, that in each calendar month, the employee shall receive the equivalent of one (1) day’s rest in seven (7).” Therefore the employer must give the employees at least 4 days off in the calendar month.
Question: Our break area is quite some distance away from some of the employees workstations. One of my employees tells me that it take shim about five minutes to walk to and from the break room – ten minutes total. Does the his rest period start from the time he leaves his work location? Or does it begin when he arrives at the break room? I’m confused!
Answer: Your employees’ break time starts when he arrives at the assigned break area, and ends ten minutes thereafter.
Please see the 2002 Update Of The DLSE Enforcement Policies and Interpretations Manual (Revised) Section 45.3.3 “The Rest Period Is A “Net” Ten Minutes.
The IWC has provided that the rest period is net – in other words, the rest period begins when the employee reaches an area away from the work station that is appropriate for rest. The employee is entitled to one rest period per work period. This means than an employer may not (except in the case of certain workers in extended care homes under Order5) count periods of less than 10 minutes as rest periods meeting the requirements of Section 12 of the IWC Orders. (O.L. 2002.02.22; 1986.0l.03).”
September 2010 CA Employer
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