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nrthshgrl
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California Supreme Court: It's not the boss's problem if employees work during breaks
http://www.mercurynews.com/california/ci_20381344/workers-have-right-breaks-but-bosses-dont-have?source=rss
California Supreme Court: It's not the boss's problem if employees work during breaks
By Howard Mintz
[email protected]
Posted: 04/12/2012 10:36:24 AM PDT
Updated: 04/12/2012 12:58:44 PM PDT
California workers have a legal right to take their rest and meal breaks on the job, but their bosses are not obligated to make sure they do not work while they grab that sandwich or cup of coffee.
That was the bottom line in a closely watched California Supreme Court ruling issued Thursday clarifying the law on an employer's obligations to ensure workers actually take their meal breaks under state labor statutes.
The unanimous decision, written by Justice Kathryn Mickle Werdegar, came in an eight-year legal battle against Brinker International, which operates a chain of restaurants that includes such popular eating spots as Chili's and Maggiano's Little Italy.
The lawsuit, which could affect thousands of Brinker waiters, waitresses, bartenders and cooks across California, claimed the chain's restaurants regularly failed to assure employees got their breaks and thus violated California labor laws.
But the Supreme Court ruling now has broader implications for hourly workers in everything from hotels to the trucking industry.
The Supreme Court concluded that employers have a clear obligation to provide meal and rest breaks, but rejected the argument they must guarantee those breaks are taken work-free. "The employer is not obligated to police meal breaks and ensure no work thereafter is performed," the Supreme Court wrote. One employer-backed group said companies can "breathe a huge sigh of relief."
The court also found a first meal break must take place no later than five hours into a worker's shift.
As part of the decision, the Supreme Court allowed the lawsuit to proceed against Brinker as a class action on claims of rest break violations. But it sent the issue back to the trial judge to decide whether, in light of the new ruling, the case could proceed in such broad fashion on the meal break claims.
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Posted 4/12/12 4:16 PM  |
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Xelindrya
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Re: California Supreme Court: It's not the boss's problem if employees work during breaks
interesting
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| Posted 4/12/12 4:20 PM |
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rkl1130
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Rose Ann
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Re: California Supreme Court: It's not the boss's problem if employees work during breaks
That's interesting.
I think it just highlights the mentality of the workforce in America. No, your bosses should not have to monitor you on your breaks and make sure you're not working and actually taking a break; however, I feel that our work ethics are a little skewed and that we sometimes feel pressured to work through breaks.
In general though, I find that too many employers put too much pressure on employees. As a whole, we have a very poor work/life balance and little time off and are oftentimes made to feel bad for even taking a day off. We're an overworked nation, who despite the amount of hours we put in aren't really that much more productive.
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| Posted 4/12/12 4:27 PM |
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moonmist09
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Re: California Supreme Court: It's not the boss's problem if employees work during breaks
i have to agree. i take a lunch break, but if i don't answer the phone or an email while i am eating, its really frowned upon.
if i ask for a day off, i feel guilty like i'm doing something wrong, meanwhile i am allowed 3 weeks off a year.
i also think we, as a nation have a very poor quality of life.
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| Posted 4/12/12 4:52 PM |
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nrthshgrl
It goes fast. Pay attention.
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Re: California Supreme Court: It's not the boss's problem if employees work during breaks
I don't think it's the boss's problem if the employee CHOOSES to work during breaks. The issue I see is that it's a slippery slope. I think employers can easily make it an environment where employees work through their breaks & their lunches.
Also, I was shocked this was a California Supreme Court ruling. California is the most pro-employee state in the US.
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| Posted 4/12/12 7:20 PM |
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drpepper318
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Re: California Supreme Court: It's not the boss's problem if employees work during breaks
Interesting. While I definitely think employers have to provide breaks for the workers, I never really thought of it as the employer's responsibility to make sure workers aren't working through their breaks (if it is the worker's choice to do so). When I was new at my job, I was still getting the hang of it & didn't know what I was doing so sometimes I'd have to work into lunch a little bit or stay a little late (unpaid) in order to get all my work done. I never ever do that anymore. Mostly the supervisors don't say anything at my job either way, but sometimes they will discourage people from working during lunch or staying late at all, but probably mostly because they are worried our union will complain if they hear about it.
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| Posted 4/12/12 8:48 PM |
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TripletMom
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Re: California Supreme Court: It's not the boss's problem if employees work during breaks
I am in the medical imaging field and NEVER get a scheduled lunch break.... I grab something and eat it when I dont have a patient...most times it takes me an hour to finish my lunch bc I have to keep scanning or I will never get out of there..............
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| Posted 4/12/12 10:57 PM |
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jgl
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g
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Re: California Supreme Court: It's not the boss's problem if employees work during breaks
Posted by TripletMom
I am in the medical imaging field and NEVER get a scheduled lunch break.... I grab something and eat it when I dont have a patient...most times it takes me an hour to finish my lunch bc I have to keep scanning or I will never get out of there..............
Similar for my DH who is a school psychologist. Most days he comes home with his lunch untouched. 
I work during lunch 95% of the time, but I get to eat, I just eat while I do what I need to get done.
Unforntunetly even if your bosses encourage you to not work during lunch, as an employee, you need that time to get done. It stinks! I'm a teacher so whatever I don't get done at work I'm bringing home this means less time with my son. Or I'm not prepared to teach a lesson. I feel like I have no choice but to work every possible chance I have.
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| Posted 4/12/12 11:08 PM |
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sfp0701
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Re: California Supreme Court: It's not the boss's problem if employees work during breaks
My Dh eats his lunch at his desk everyday. And works through it. Today we are going to the city and meeting him for lunch and he is a bit nervous about taking a real lunch. 
Since I am an SLP in a school, I don't get students during my lunch. I could work through my break but, usually I don't. (it's not unheard of). It's also the only chance I get to sit with the teacher and talk about concerns about the kids. So, In a way, I guess that is working. They way I see it, Dh checks his email, facebook and reads news sites at work also. I don't even have second to breathe to do that. So When I get 30 mintues for lunch, I take it. Does that make sense?
Message edited 4/13/2012 7:09:39 AM.
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| Posted 4/13/12 7:08 AM |
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DSLaff
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Re: California Supreme Court: It's not the boss's problem if employees work during breaks
no food breaks at all on wall street! i eat all meals right here at my desk... and work through it... u just have to , i have never known anything different so it doesn't bother me .. I get to work at 715 dont leave till 5pm
Message edited 4/13/2012 7:44:37 AM.
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| Posted 4/13/12 7:42 AM |
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mamabear
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Re: California Supreme Court: It's not the boss's problem if employees work during breaks
Posted by rkl1130
In general though, I find that too many employers put too much pressure on employees. As a whole, we have a very poor work/life balance and little time off and are oftentimes made to feel bad for even taking a day off. We're an overworked nation, who despite the amount of hours we put in aren't really that much more productive.
I couldn't agree more. I think employers/employees have focused too much on quantity, and not enough on quality. We feel and are expected to put in hours--to be present, available, not take sick days, not take vacations or long weekends, not leave early or come in late. But the truth is, IMO, nothing more gets accomplished in those extra hours. We could get the same amount done in 3/4, sometimes even 1/2 the time if we were refreshed, happy, healthy etc.
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| Posted 4/13/12 10:14 AM |
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rkl1130
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Member since 10/07 1476 total posts
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Rose Ann
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Re: California Supreme Court: It's not the boss's problem if employees work during breaks
Posted by mamabear
Posted by rkl1130
In general though, I find that too many employers put too much pressure on employees. As a whole, we have a very poor work/life balance and little time off and are oftentimes made to feel bad for even taking a day off. We're an overworked nation, who despite the amount of hours we put in aren't really that much more productive.
I couldn't agree more. I think employers/employees have focused too much on quantity, and not enough on quality. We feel and are expected to put in hours--to be present, available, not take sick days, not take vacations or long weekends, not leave early or come in late. But the truth is, IMO, nothing more gets accomplished in those extra hours. We could get the same amount done in 3/4, sometimes even 1/2 the time if we were refreshed, happy, healthy etc.
I think we just have a poor quality of life in the country as a whole because our focus is so skewed. I think it was Utah shortened work weeks to 4 days a week - it was first an effort to save money for businesses (ie. utilities and the like) - but they found that employees were equally as productive, if not more so and were much, much happier so they kept it.
We have this weird face time kind of mentality and I find that so many employers really truly don't care about their employees' well-beings as much as they tout. I worked for a company who had made lists for wonderful work/life balance, but in reality, that wasn't the case. I ended up leaving ultimately because even with DD, they expected me there till 8, 9, 10 o'clock at night - even if it was doing nothing and after 5 years, when I asked for flex-time they simply said no. I do something that can easily be done from home and not only do we know it, but our clients knew it too and didn't understand why we weren't allowed to.
It makes me sad that we oftentimes have to make these choices and that a true work/life balance doesn't exist for many of us. Even something as simple as lunch doesn't exist for so many.
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| Posted 4/13/12 10:22 AM |
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jilliibabii
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Re: California Supreme Court: It's not the boss's problem if employees work during breaks
Posted by nrthshgrl
I don't think it's the boss's problem if the employee CHOOSES to work during breaks. The issue I see is that it's a slippery slope. I think employers can easily make it an environment where employees work through their breaks & their lunches.
Also, I was shocked this was a California Supreme Court ruling. California is the most pro-employee state in the US.
I couldn't agree more. My work situation is the pits right now. As I type this, I'm sick AGAIN. This is the 3rd time in a month. I've taken a total of one day off from work for it because our department (reception) is so short staffed that if even one person is out, a floor must be closed. Now I KNOW this is not my fault or my problem and since I have 7 sick days and 18 vacation days in the bank, I should NOT feel guilty about taking a day off to recuperate. But I come back to work the next day and face the wrath of my boss along with a thousand snide comments or inane questions from co-workers as to why the floor was closed. I feel like now the entire Firm takes note every time I don't show up to work and COMMENTS on it. I just took my "break" and sat in the bathroom and cried about it.  And what kills me is I can't DO anything about it. My boss SAYS all the right words and does all the right things (like closing a floor or providing coverage) but she does it with such a bad attitude that it makes you think twice before calling in or taking that lunch. It's sad and it's really starting to get to me.
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| Posted 4/13/12 10:49 AM |
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rkl1130
LIF Adult
Member since 10/07 1476 total posts
Name:
Rose Ann
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Re: California Supreme Court: It's not the boss's problem if employees work during breaks
Posted by jilliibabii
Posted by nrthshgrl
I don't think it's the boss's problem if the employee CHOOSES to work during breaks. The issue I see is that it's a slippery slope. I think employers can easily make it an environment where employees work through their breaks & their lunches.
Also, I was shocked this was a California Supreme Court ruling. California is the most pro-employee state in the US.
I couldn't agree more. My work situation is the pits right now. As I type this, I'm sick AGAIN. This is the 3rd time in a month. I've taken a total of one day off from work for it because our department (reception) is so short staffed that if even one person is out, a floor must be closed. Now I KNOW this is not my fault or my problem and since I have 7 sick days and 18 vacation days in the bank, I should NOT feel guilty about taking a day off to recuperate. But I come back to work the next day and face the wrath of my boss along with a thousand snide comments or inane questions from co-workers as to why the floor was closed. I feel like now the entire Firm takes note every time I don't show up to work and COMMENTS on it. I just took my "break" and sat in the bathroom and cried about it. And what kills me is I can't DO anything about it. My boss SAYS all the right words and does all the right things (like closing a floor or providing coverage) but she does it with such a bad attitude that it makes you think twice before calling in or taking that lunch. It's sad and it's really starting to get to me.
I'm so sorry that you have to go through this.  Nobody should be made to feel bad for taking time that they are entitled too...much less taking time off for being sick.
This is it though - higher up's cultivate this kind of poor mentality and it's just a sad state of affairs. I understand that business still needs to go on and it can be an inconvenience, but at what cost? We're overworked and overstressed and all we get are platitudes, but in reality there is no sympathy and there really isn't much done to alleviate any of it.
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| Posted 4/13/12 11:04 AM |
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Bearcat
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Re: California Supreme Court: It's not the boss's problem if employees work during breaks
makes sense. if i choose to work during my lunch it's my prerogative.
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| Posted 4/13/12 11:09 AM |
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HoneyBadger
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Re: California Supreme Court: It's not the boss's problem if employees work during breaks
Posted by Bearcat
makes sense. if i choose to work during my lunch it's my prerogative.
I would agree but I think it's becoming more and more common that the *expectation* from employers is that you WILL work through your break, not that it's a CHOICE, thereby really negating the point of a break. KWIM?
I think it's one thing to make a conscious decision to work through your break, it's another for it to be and unspoken mandate
ETA: I think a ruling like this could open the door to more offices having the mentality that it's frowned upon (or worse) for people to take breaks and lunches that are rightfully theirs to take.
Message edited 4/13/2012 12:40:08 PM.
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| Posted 4/13/12 12:39 PM |
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rkl1130
LIF Adult
Member since 10/07 1476 total posts
Name:
Rose Ann
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Re: California Supreme Court: It's not the boss's problem if employees work during breaks
Posted by HoneyBadger
Posted by Bearcat
makes sense. if i choose to work during my lunch it's my prerogative.
I would agree but I think it's becoming more and more common that the *expectation* from employers is that you WILL work through your break, not that it's a CHOICE, thereby really negating the point of a break. KWIM?
I think it's one thing to make a conscious decision to work through your break, it's another for it to be and unspoken mandate
ETA: I think a ruling like this could open the door to more offices having the mentality that it's frowned upon (or worse) for people to take breaks and lunches that are rightfully theirs to take.
I think that's the big worry that may be in the back of people's minds, which may be why it's such a hot topic.
With this ruling, it's making a loud statement that even though you are entitled to take a break, a company or an employer will still be right in frowning upon you doing so.
Again, noone can MAKE you take one - that is up to you. But I feel like this statement is the wrong statement to make to an already overworked and stressed population who has a hard time finding a work/life balance.
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| Posted 4/13/12 12:54 PM |
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