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You are here: Experts > Business > Small Business: UK > Running a Restaurant > Time Sheet rights
Expert: Tony Figurelli - 11/6/2009
Question
I work in a restaurant in California. I have worked there for almost a year now.. In this year, I have never taken a break. I bartend so my nights are busy from beginning to end. I honestly don't remember if I signed a meal waiver form when I was hired. Although that concerns me, its not my primary question. I have had several nights where my manager has shaved minutes off my in and out times in order to save on labor cost. And I am not the only one. A fellow bartender has saved every clock in / out slip since he has worked there and they show evidence of manager manipulation. Is this legal? Also, if I request a printout of all my shifts that I've ever worked, am I entitled to it by law? Can he refuse me?
Answer
Hello Rico,
I know that California is very strict regarding employee breaks, and there are many instances where they have imposed huge fines to violators.
It is not legal and you should contact the California Dept of Industrial Relations. Go here: http://www.dir.ca.gov/dlse/faq_restperiods.htm
California labor law requires that employees periodically be allowed to take meal breaks.
Specifically, the law requires:
No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day’s work the meal period may be waived by mutual consent of the employer and the employee. Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an “on duty” meal period and counted as time worked. An “on duty” meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time. California Code of Regulations, Title 8, §11040.
The California Supreme Court has just determined that employees can sue for violations of meal and rest break provisions going back a period of three years.
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