No Breaks!

[1busboy2go]

What is the name of your state? CA

I work in a restaurant at a famous hotel/resort and do not get a chance to take any breaks during my 8 hour work period. I questioned my manager about this and was told that I had a lot of breaks during the day. He stated anytime I had no customers to attend to, I was on break. Is this the rule on breaks. I tried to eat dinner one time but had to cut it short because a customer needed to be served. Everytime I want ot take a break, I have to cut it short. I don't think that I have had an uninterupted break since I started working for the hotel/resort. Please help! I getting burnt out.

 

[cbg]

Your state is one of the very few that requires both rest and meal breaks, but your manager has a point too. I suspect, however, that the CA DOL would not agree with him.

The only way to find out for sure is to contact them and ask.

 

[king sol]

Two paid breaks per 4 hour period and an unpaid lunch in the middle of your eight hour work shift. You can choose to do as you are currently, eating and working as time permits, but you must sign a waiver of your right to a non-working lunch break.

 

[1busboy2go]

How about my breaks?

Two paid breaks per 4 hour period and an unpaid lunch in the middle of your eight hour work shift. You can choose to do as you are currently, eating and working as time permits, but you must sign a waiver of your right to a non-working lunch break.

I think they made me sign a waiver for my lunch. My manager stated that I am on a paid lunch break so I have to come back to work whenever he says.

Does this count for my two break periods? If they do not give me the breaks, I am entitled to any form of compensation for the missed break periods? If so, what compensation? What penalty can the company incur if I report them to the Department of Labor for the violations?

I want to have some leverage when I go talk with management or HR.