I live in california and work at a 7-11 and i work 5-6:30 hours a day and i dont get any breaks.?

Question

i dont get a 10min break or half an hour break. is the employer suppost to pay me an extra hour for each break i dont get. if true do i let her know or just file a claim with labor commission. can i quit because of this reason and get unemployment insurance.

Answer 1

You won't be able to get unemployment if you quit.  That insurance is designed for if you are fired or laid off, even if you quit due to poor work conditions.  You're best bet is to first talk to your employer about getting breaks.  If the employer is not cooperative, then check with your state's labor board and find out the laws about required breaks in your state.

Answer 2

is it 5am/pm through 6:30am/pm, then thats only 1 and half hours, if so then u dont need a break. if its 13 and half hours then u need at least a half hour break and a 10 min break. u better tell ur manager bout this, cause everybody is entitled to a break at work. if not u better get paid for all the hours u work including overtime.

Answer 3

If you work for more than 5 hours per day, your employer is required to allow a half hour meal break under most circumstances.  Usually you don't get paid for that break.

For every 4 hours or major fraction of 4 (that is, more than 2), your employer is required to give you a ten minute paid break.

For a 6 1/2 hour shift you are supposed to get the one meal and two breaks.

You can file a claim with the Labor Commissioner for one hour's wage for each day in which you weren't given the breaks.  You must do this within 3 years of the violation.

At DLSE  they can tell you if you are required to attempt informal resolution before filing the claim.  You may decide it's a good idea to try discussing it with your employer in any case

Comment re SD Mike:

No offense, but that guy doesn't know what he's talking about.  If you voluntarily quit your job in California you might be eligible for UI depending on whether EDD determines that you had "good cause" to quit.  This comes from section 1256 of the Unemployment Insurance Code.  "Good cause" is defined in California Code of Regulations title 22 section 1256-3(b).

I don't know whether quitting under these circumstances would be considered good cause, but  you should at the very least document an attempt to work it out with the employer if you want to go this route.

Answer 4

It's been awhile since I've been working in CA, but I think the breaks you are referring to are for full-time employment.  That means you need to be working 40hours a week @ 8hrs each day.

If you meet the requirements, then they would be required to give you two (2) 15minute breaks and one (1) 30minute lunch...some will give a 60minute lunch...each eight (8) hour work day.

Check current California Law to see if that was updated.  Good luck!