Overworked!!!!

[ZAK67]

I work through a temporary agency (in California) at a company that encodes checks. We work until all the checks for that day are processed, which can be anywhere from 4 hours to 8+ hours. We have a set start time, but when we finish is determined by the amount of checks that come in that day and the amount of people there to encode them.

Typically, we get a 15 minute break after we have been there about one and a half to two hours. On nights when we are going to be there late we get a second 10 minute break about 3 - 4 hours after the first break, but then that's it. Last night and on a couple of other occasions we worked a total of 8.5 hours with only the 2 breaks mentioned above. Is this legal? What are the laws concerning breaks for jobs that have no set hours? What is the agency's role in this? Should the agency be involved in determining the number of breaks we get?

[This message has been edited by ZAK67 (edited December 07, 1999).]

 

[lawguy]

generally, in california, employees are entitled to:
1. paid breaks (at least 10 minutes) for every four hours worked (so, 1 break for a 4-6 hour shift, 2 breaks for a 6-10 hour shift) and
2. meal breaks (unpaid, at least 30 minutes) when your shift is more than 5 hours.

this info should be posted on the "Wage Order" which is a poster that should be posted on the wall where you work. this law is enforced by (and violations may be reported to) the Labor Commissioner, also known as the Division of Labor Standards Enforcement.

here's where you can find a local office: http://www.dir.ca.gov/DLSE/offices.html

good luck.