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Subject:
From:
Janet Simpson <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Wed, 24 Sep 1997 17:32:48 -0700
Content-Type:
text/plain
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Hi all,
Sue writes:

 She has been told by
their mutual supervisor that she will be docked pay for the time she
nurses.  The mom will be working a 30-32 hour week, approximately
5-6hours per day, and wonders if this is permissible.

This is NOT permissable according to labor laws (here in CA anyway).
According to California labor laws if a person works 5 hrs or more they are
entitled (and by law must be given) one 10 minute break (Paid).  If they
work 6 hours they are entitled to one 10 min break (paid) and one 30 min
break (unpaid and optional).  If they work 8 hours they are entitled to 2 10
min breaks (paid) and one 30 min break (unpaid).  Over 8 hours and the 30
min unpaid break becomes a 60 min break so that the employee does not work
more than 8 actual (or on the clock) hours.  Also, the break may be taken at
anytime during the 5 shift, but is usually taken after 2 hrs.  Employers may
not force an employee to take all their breaks at the same time, or right
after they have come on shift. What the employee does on his or her break
(paid or not) is their business, not the boss's.  This mom would benefit by
calling the labor board in her state and checking out what the laws are
there, and if it is indeed permissable for the supervisor to dock her pay.
Jay
Who has fought in previous jobs to make sure that all employees, including
myself, were given their breaks.
Jay Simpson, CLE
Sacramento, CA
"No Miracles performed here, just a lot of love and hard work."

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