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First of all I live and work in California. I work at a gas station approximately 9.5 hours a day, 8 hours alone. According to the Wage Order my employer is required to allow me two ten minute breaks (restroom breaks not included). But, due to the nature of our business, this is unable to be satisfied. The store averages about one customer every minute. A ten minute break would require a sign stating to wait ten minutes every four hours. This simply is not feasible to do comfortably. I say this because I work in a kiosk and if a customer approaches the window and sees me sitting down doing nothing (taking a break) they knock on the window for me to service them. I can either tell them to wait ten minutes while I finish my break, and I can assure you they will uncomfortably stare at me every second of that break (in addition to a growing line behind them), or I can succumb to their wishes and give them service. Just to give you an idea of how uncomfortable it can be, I work in the ghetto where the population is primarily minorities who have no problem raising their voice to get what they want. My station is one of many owned by a corporation in Southern California. This corporation has weekly memo's in the form of a video, that remind us of new policies, rules, etc. One such memo was in regards to our breaks. In the video we were told that if a ten minute break is unable to be taken, to instead take a 2 minute, break. Then later, take a 3 minute break, then later take another 2 minute break, and so on. As I said earlier, we average 1 customer every minute. So in my case I would often take my break in even SMALLER portions. It got to the point where my breaks are so small it doesn't really feel like a break at all! At the end of the day I am left feeling exhausted and demoralized, yet I continue to return to work because I need the money. But I am finally fed up. I have begun to ask myself if this practice is even legal? So I did some research and according to the DLSE Manual, a rest period is defined as a full ten minute break without any work related activity in between. A succession of several small breaks taken throughout the day does not meet the rest period requirement in the Wage Order. And if a break is not give, an hour of additional pay should be given for each day. I have been employed here for about 3 years; back pay for missed breaks would total over $7500. Do I have something here or am I overreacting? Maybe I am the first to complain because I don’t take smoke breaks like the others. But regardless, I am just hoping someone can provide me with some insight before I make a fool of myself (and risk my job) requesting back pay for missed breaks.
One thing I hope to avoid is people saying there are hundreds of people who will take my job. This may be true but in reality we have been hiring for quite some time and find it hard to hire quality individuals who are able to do their job correctly and honestly. We deal with hundreds of thousands in cash a week, and thus do inventory every shift. The other thing is I don't have a "boss", there is a manager and she is even more stressed out than I am. She actually works for free for an hour just so she can work on her paperwork at a slower pace. We are owned by a big corporation that owns a chain of gas stations. They might laugh if I asked for back pay but a class action lawsuit would quickly wipe the smile off their faces. I feel I may have a case for all the employees of our company who do not get proper breaks. I am hoping for someone with a little more legal experience but I appreciate your other answers as well.
You are correct Troy requires a rest period of 10 minutes uninterrupted BUT they also make exceptions and exemptions to that law when there is only one employee working, or the nature of the work is such that the rest period can not be given.... see: are also correct that you can receive 1 hours pay for each day breaks were missed... how did you come up with $7500.00? if you made $10.00 an hour you would have had to have never taken the required breaks for every shift you have worked for the entire 3 years, that assumes you have worked 5 days a week, every week.... if you made less then $10.00 an hour then it is not possible that they owe you $7500.00.... you are overreacting, you need to do what is necessary to take your breaks, they have not told you not to, simply put up a sign that says you will be back at whatever time and take the 10 minute break...
My daughter had a similar situation when she was waitressing, in the end she pretended that she smoked to get a break. A break otherwise was in the restaurant in her uniform and of course the customers would want her to respond to their needs. She was quite open about it with her colleagues, but not to the boss, she took a cigarette went outside, lit it and pretended to puff then stubbed it out and put that back into the packet for another break later on. Could you do that. I admit it's a desperate measure in order to get a break. To be honest there are hundreds and hundred of hard working guys out there like you who work their whatsits off. Your choices are limited, particularly if there's a queue of people wanting your job because of the recession. You could look for another job while working there still, you could bring it up with your boss, but don't go over his head to head office, you could pretend you smoke. Asking for back pay for missed breaks is a bit much, your boss will probably laugh his socks off and think you've got some neck.