Can my boss ask me to clock out for 2 min smoking breaks? (california)?
Hi, i work 8 hours a day and i take a 30 min lunch break (clocked out) i usually take a 2 mins smoking break every 1.5 hours or so, so lets say 5 breaks thats 10 mins for the whole day. Recently my boss asked me to clock out during those smoking breaks. Can he do that?is that legal? thank you!
Answer:
I used to work in payroll for a company located in CA. CA law is prett strict and to the point. You have your two legal breaks during a 8 hour work day, 10 min each, then a 30 min lunch. Any time away from work besides this legally alloted time, he can make you clock out. See Below.
California Labor Laws - Mandatory Rest Breaks
California labor law requires that employees get rest breaks if they work over three and a half hours a day. These mandatory breaks must be in the middle of each work period and must be 10 minutes for every four hours worked or fraction thereof. Rest breaks are work time and the employee must be paid for them.
If an employer fails to provide an employee a rest period, the employee can recover one hour of pay for each work day that the rest period is not provided.
An exception to the rule is made for bona fide "exempt" employees. They are not subject to this rule.
Yes it is legal. I think you would be surprised at the difference in your two minutes and the real two minutes.
Yes he can, but the dumb *** is going to spend more $ $ on ink for his time clock than what he's gonna save..... Do it. Clock out for him, then just milk the clock & make your time up
For every 8 hour shift, an employee is (generally) entitled to 2 fifteen minute paid breaks and one 30 minute unpaid break.
If your employer lets you take smoke breaks, they may be logging your smoke breaks against your 15 minute breaks. They may also be requiring it for other legal reasons, like trying to avoid liability for times when you are not on the job. Ask your HR rep (or your boss) the reasons why you have to clock out. Remember, though - time is money to them.
Yes he can. Many companies will give you either a paid or unpaid lunch and a couple breaks. If your lunch is 30 minutes, your breaks will probably be around 15 minutes each. So, rather than clock out for breaks, just wait until your break time and then go smoke. Most employers don't require you to clock out for your breaks. If you try to curtail your smoking a little, it won't affect your pay.
At least your company still permits smoking... although you probably have to go outside. The company I work for first made everyone leave the property, then said they could come back, but had to be 75 feet from the doors.
consider your self lucky that you can go out for a smoke. My previous employer didn't even let you smoke on the property at all. You should clock out as you aren't working.
Yes it is legal. I also doubt that your smoke breaks are only 2 minutes. Just getting from your office to an outside area would take that amount of time plus some. There is also no way you can smoke a cigarette in that amount of time. I suspect your smoke breaks are more like 10 minutes by the time you get back to your job. I'm sure your boss doesn't feel a need to pay you for a habit that costs the company time and money in health care costs.
Yes it's legal, the reason is because he has the right to pay you only while your working for him or her. People don't usually want to pay you so that you can take smoking breaks. Think about it, your taking 5 breaks a day. When you are the one seeing someone leave that many times a day your really not seeing the actual amount of time gone your noticing the many times your leaving. Also it may have alot to do with others in your work place who may feel like it's not fair for you to go on your breaks while still on the clock. But that's not what makes it legal that maybe the reason why your being asked to clock out.
Are you supposed to get a morning and afternoon break? Any breaks you are taking that you are not supposed to get you will have to clock out if he is asking you to. If you get 2 breaks anyway, you shouldnt have to clock out for those 2.
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