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As a 40-year-old woman (and nursing student, nonetheless) I have to say: I have never had an employer NOT take advantage of the California Meal Break & Rest Break loophole, which states:
An employee can waive the second meal period only if all of the following conditions are met:
The total hours worked on that workday are not more than 12.
You and the employee mutually consent.
The first meal break of the workday was not waived.
Most important line bolded for emphasis. I have ALWAYS been pressured by employers to work through my breaks, which I very much want. Sometimes it comes in the form of, "So, I'll be working through my second break... hmmm what about you?" As for the nursing profession, nurses in CA almost always work 12.5 hour shifts (we have to give report to oncoming nurse and document before leaving, which takes time). So total hours worked are almost always more than 12- yet in my 2.5 years of clinical I have not met a single nurse who took a full hour lunch.
Now look, I realize most states are even worse than CA, and for that I do apologize. But change starts from within, and has a ripple effect. I would like to see CA be the first state to obliterate the break waiver; make ALL breaks mandatory and hold employers accountable for all violations of said rights. I believe this has the potential to become federal law, and should.
I am posting this because I believe women are disproportionally abused when it comes to denials of breaks, and to gain insight from you Queens who I respect so much.
What are your thoughts on this? Any advice?
In California, most nurses have 12.5 hour shifts (12 hours work + 1/2 hour unpaid break) because they waive the 2nd meal. You are entitled to two unpaid 30 minute breaks, but most people waive the 2nd 30 minute break. If you wanted to keep that 2nd 30 minute break, you would be at work for 13 hours (12 hours work + two 1/2 hour breaks).
California has better pay and work conditions for nurses, but depending on the facility you may end up working during your break. You can report them because it is your legal right to have an uninterrupted break that is free of work. That said, I personally would not report my employer because I don't trust that whistleblowers will be safe from retaliation.
American treatment of workers never fails to horrify me. I've had bad employers, but I feel so lucky for being in a country where breaks are mandatory. They aren't always paid - I work in healthcare where breaks in general are paid because they can't guarantee we'll get them. Every day is different.
I have found that a thorough knowledge of employment law is necessary when dealing with certain bosses. One time a company I worked for removed all the company jackets, and said we need to give a deposit on a having one of the new jackets.
This was in January. So people arrived to work and could not take a company jacket out and about in frosty conditions, and we weren't "allowed" to use our own because it would cover up the uniforms. One of my colleagues who arrived before me and just accepted this (!!??) caught herself a chill. She was off sick the next day. I'm glad to say I put a stop to it when I arrived.
You cannot charge people to wear your uniform, or for health and safety gear at work! C'mon!
Moral of the story, I think if we don't advocate for ourselves no one else is going to.
That waiver is for clocking out to have a 2nd 30 min lunch. You still get your 10 mins breaks on the clock, you cant waive the paid break and bathroom breaks shouldn't count against that 10 in Cali.
I personally skip the 2nd lunch if I just want to work through it and not be there an extra 30mins unpaid but I OMAD on work days.
What you should be fighting for is PAID LUNCH BREAKS we deserve that much.
It's the healthcare culture in most places sadly. I've never been refused a break, but there's been times where we'll be so busy breaks are an afterthought for some. Some ppl feel real proud of themselves for working without a break. That's not me.
I personally take all breaks. Always. But that’s the Gen Z in me and I can’t be bullied into not taking a break.
I worked for an employer like this for 8 years.
at first I called a lawyer about it and he advised me to take the breaks anyway. I was in a retail job and it wasn’t like you could just walk out, leaving customers to wait..but I did it anyway. I just said it’s my break time, to the customers, and left. After feeling timid to say that for the first couple years but I was at the end of my rope.
later the employer would put cages meant to hold merchandise in front of emergency exits At closing time to keep us inside and so nobody could leave even when their shift was over.
i had an employee, a man with lots of audacity, call the police and say he was being held hostage lol. They let him out quick!
so the audacity route can go a long way. the guy was a douchey personality, but I respect what he did. And I looked like a douche to the customers as well and felt bad about it but it was the only way to get breaks. Even if the boss was standing there I would cite the 5 hour law that you can’t work more than 5 hours without a half hour lunch before more hours. no more than those 5 hours without also a 10 minute break in the middle. (this is in ca but many years ago. Check the laws)
i made sure to line up other jobs and have references within my network there. Just in case. I called the lawyer again about this blocking exits thing and how they were docking my pay for what should have been paid 10 minute breaks every two hours. Since they tried to be petty and take the pay for breaks out.
i successfully got a class action lawsuit by teaming up with others at work. It took 10 years to make it happen but we all got a few grand payout.
so advice:
take your breaks. Demand them. Cite the laws and know them. i know it is hard to stand up for these when you’re scared to lose your job. But the employer is in the wrong. They will try to bully you with words but they also don’t want to get sued and they do have to know the laws so they definitely know they are breaking it.
call a lawyer. Dm me if you need one for ca and I will send you the number for the lawyer who helped me.
dont feel bad about leaving a Patient hanging. That is totally their fault and not yours. Your sanity equals your ability to do your job. Breaks are made for sanity. they are lucky for you being there. it may be hard but it is true that it is totally irresponsible for companies to understaff and then expect to guilt you into literally giving away your peace of mind for their profits.
HAVE AUDACITY. Men get ahead with this alone-all the time.