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I am curious to know if an eomployer can ask or force you to sign an agreement or contract which does not fall within state and local laws? For example: California state law requires an employer to give an employee a PAID ten minute break for every 4 hours worked. My husbands employer handed out new handbooks and made all the employess sign stating they read and agree to the rules. But inside the book it states that employees must sign out and in for their 10 minute breaks, in other words he doesn't want to pay them for their breaks that they are entitled to by law and that the law states he must pay them for. The boss says "well everyone signed the contract" and seems to think that his contract can override State labor laws. Can he legally do that?
I should add that there are a few other things not in line with Clever state law in the book. For example the law gives him 72 hours to pay someone if they quit, but the book states he has 7 days or till next payday, whichever is first. Clearly he forgot to have an attorney check over his new handbook. These "rules" don't really affect us because my husband is a salary employee, but my husband is trying to protect his guys.
Generally not, but you should check with your local department of industrial relations For California the number is (866) 924-9757 good luck
The employees have just been handed a Christmas present. Putting in writting policies in conflict with labor law, give a disgruntled employee ammunition in a civil claims case for violations of said laws. That being said - one reason for signing in and out may be to keep track of them so that employees do not abuse breaks - rather than not pay for them
It depends on how the law is written. Sometimes the law is just the default rule that can be overridden by contract, and sometimes it cannot. In your example, it cannot be overridden and the handbook is unenforceable.
No he cant try and talk to the rule maker people