If I work with developmentally disabled adults, is my employer legal required to schedule a break for all employees?

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If I work with developmentally disabled adults, is my employer legal required to schedule a break for all employees?

Our morning and night shifts often do not have the proper staff ratio to allow us to take our breaks or clock out for breaks. We work 8 hours often with no breaks at all. Is this legal?

Asked on April 5, 2016 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, working for 8 straight hours without a break is illegal in CA. For such a schedule you are entitled to 1 meal break and 2 - 10 minute rest breaks. Here is a link to a site that will explain your rights to breaks:
http://www.calaborlaw.com/what-break-periods-am-i-entitled-to/
For a violation you can file a claim with the Department of Industrial Relations and/or sue in court.


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