Why Your Rest Breaks Matter
We live in a modern, post-industrial civilization. Laws have been developed to take us out of the days when employees (adult and children alike) would face constant safety hazards, have to work nights and weekends, and were literally worked to death. Compounding the problem, employers had all the power and employees didn’t even have any right to complain.
Things have obviously changed over time, and in California, employees enjoy the country’s broadest protections from employer abuse. For “non-exempt” employees, this includes a minimum wage, getting paid for every hour worked, and overtime pay. In addition, employees are entitled to rest breaks and meal breaks.
How Rest Breaks Work
Non-exempt California employees are entitled to a ten-minute, paid rest break for every four hours worked. Significantly, you get a break for the majority of each four hour interval worked. For example, if you work 3.5 hours, you are still entitled to one break, if you work six hours, you are entitled to two breaks, and if you work ten hours, then you get three breaks.
You can agree to skip breaks; however, your employer cannot in any way encourage you to work during the break or to skip your break. In addition, an employer cannot make you stay on work premises.
How Meal Breaks Work
Non-exempt employees are also entitled to an unpaid, half-hour meal break for every five hours worked. These must be separate breaks and an employer cannot dictate where or how an employee spends this time. An employer is legally obligated to explicitly offer this break to an employee, but an employee can waive their lunch break if they work less than six hours in a day.
Terminix Technicians Are Overworked
If you have been a Terminix Technician in the past four years, you are probably familiar with working for too many hours with a confusing pay structure. In fact, you probably spend a lot of your life in your truck, traveling from site to site, and spending the morning and night loading and maintaining the truck. It can be a real grind.
And unfortunately, there is a likelihood that Terminix is not giving you rest breaks, meal breaks, or overtime pay in accordance with your legal rights. You need to speak with an attorney to determine whether you have a claim.
A Lawyer Can Help You
As an employee in California, you have strong legal protections against wage and overtime violations. This includes the ability to hold employers accountability through legal action. If you have been a Terminix Technician in the past four years, contact Moss Bollinger law firm. We are looking into whether Terminix has engaged in wage theft and want to make sure that your voice is heard loud and clear. You need a strong advocate who will stand up for your rights. We work on a contingency basis. Call us today at (800) 249-1175 to schedule a free consultation or contact us online.