#CAEmployment #WorkplaceRights #Fresno
Hey everyone! 👋 Have any of you experienced a similar situation to what my wife is going through at her job in Fresno? She’s being forced to document her 10-minute breaks or face the threat of being fired.
Here’s a bit more context:
– She works as a cook in a retirement home.
– There’s no official policy or written documentation about this new requirement.
– She’s still getting paid for her breaks, but she has to clock out for documentation purposes.
Doesn’t this sound a bit shady to you? 🤔 What do you think about this situation? Have you encountered anything similar at your workplace?
Possible solutions:
– Encourage her to speak with HR or a supervisor to clarify the situation.
– Research California labor laws to understand her rights and options.
– Consider reaching out to a legal professional for advice and guidance.
Let’s discuss and share our insights! Your input could be really helpful. 💬 #WorkplaceIssues #EmployeeRights #CaliforniaLaborLaws
It sounds to me like employees are taking WAY longer than 10 minutes for break, and the company is trying to curb that by utilizing their time clock system.
You can verify she is being paid correctly by comparing her paystubs to the hours she is supposed to be paid for. She signs off on a timesheet every week, right?
Or, the company needs to document the are providing required breakers. This makes sense as long as she’s getting paid.
California has very specific rules for meal and rest breaks including processes for waiving or missed breaks.
The company is serious about employees documenting this and the only way to get people to understand it’s serious is to threaten termination.
That’s damned nitpicking. This is a power play from worthless bureaucrats who should themselves be fired.
I’ve worked in several places with policies like this (mostly call centers). They all had presence in states with super strict laws regarding breaks and lunches where not adhering to those laws could have opened up the company to legal issues, so they ensured they didn’t retain anyone who looked like they might lead to a potential legal liability. You’ll find that companies operating in states where breaks are mandatory are going to be more likely to require everyone to document those breaks so the company can cover their asses (with time clock documented proof) in the event that someone accuses them of some violation. And yes they will take corrective action on employees who fail to adhere to standard because very few businesses are willing to keep employing someone who leaves them vulnerable to legal liability.
In California, rest and meal breaks are required depending on the length of time worked. If a break is not provided, there’s a penalty of one-hour’s pay for each break missed. Clocking in and out shows: 1. The break was taken, and 2. It was taken within the appropriate time period (which is also a requirement under CA law).
Why they are doing this now is not something we can know. Maybe someone came in and recognized the risk of not tracking and they want to now. Maybe there was a complaint to the state and they don’t want to pay more money. The thing is that when there’s a complaint, without any documentation, how do you prove a break was provided and at what time? It becomes employee vs. employer’s word.
There’s nothing fishy here, even if it’s a pain in the ass. And yes, someone can be fired for not doing this. By not documenting the breaks, they are putting the company at risk. If everyone works an 8-hour shift, that’s 2 rest breaks each. If missed, that’s potentially 2 extra hours per day per employee not tracking it. That might not make much of a difference with the occasional missed break, but it adds up quickly. It has the *potential* to increase labor costs by more than 25%.
Much appreciated everyone who commented! I guess I’ve just never been someplace that actually does this.
Thank you everyone again!
I don’t think it’s fishy, per say, but it certainly sounds reactive. Something must have happened. It’s not uncommon for CA employers to make employees document breaks to cover their butts.
Not documenting breaks can result in fines and lawsuits. Is therefore a risk to the company and should absolutely be considered a fireable offense. Breaks are required. And they are required for good reason. Having documentation is good for everyone.
You’re in CA, land of all kinds of weird regulations and weirder enforcement. If the company can show that your wife takes her mandated breaks the company is liable for all kinds of civil and criminal liability. You’re in the land of businesses guilty until proven innocent. This is what you have voted for.
It’s because the company is legally obligated to ensure adequate breaks are provided for, and are being taken by employees.
They’re enforcing it to cover their own asses because they’ve been dinged, or are expecting an audit, or if you’re in a heat wave/hot environment it’s a health and safety issue.
Your wife should do as asked. If it turns out hours/pay is incorrect deal with it then. I don’t suggest she ignore the requirement regardless whether it is written or not.
Most likely the time are system is programmed to calculate these correctly and managers don’t want to edit for these breaks.
They’re being extra vigilant ensuring employees are getting there breaks. Wild, I know. It’s likely something that happened behind the scenes that caused this. Tell your wife to enjoy her breaks. They have every right to fire someone for not following company policies.
She’s a cook… jobs available elsewhere! Micromanagement is so horrible to work under and it will affect her health.