[pinoy_guy]

talked with a friend, and he said he times in at 0700 and times out at 1930...and he gets a 1-hour break, plus an additional 30 minutes "courtesy break." he did say that he only gets paid for 11 hours per duty, but on reviewing his pay slip, found out that he gets paid for 12 hours--meaning his 1-hour lunch break is paid, but not the 30 minute "courtesy break."

another friend said she gets to sleep for 1 hour per 12-hour shift, and she gets paid for that.

a third friend said she clocks in at 1845 and clocks out at 0715, and she only has a 30-minute lunch break because all nurses are required to sign a waiver ("I do not want my 2nd break.").

I'm curious: for 12 hour shifts in California, how long are our breaks supposed to be? and are they paid?

and is this waiver of the 2nd break legal?

it seems unsafe to be working for 12 hours with only a 30 minute rest period.

[iluvivt]

the law says you get two 30 minute breaks. you can not take them together. you can choose to waive one after signing a waiver form. You do not get paid for any lunch breaks you take. In addition you get three 15 min breaks that you are paid for.

[MichaelFloridaRN]

You will find that in many facilities across the country you will not get any breaks. At my hospital most of the staff, for what ever reason, just takes this as a fact and even allows 30 min. to be deducted without having a break.From what I know this tends to be typical.

I usually do not have time for a break, but I will take the dirty looks and clock out no lunch. Since we are always short of staff, no one has really ever said anything to me either. But I know most of my coworkers just suck it up. we come to work at 17:30 and leave at 07:30 so we are there for 13 hours.

Most of my male colleges will not stand for this, while the ladies are afraid to stand up for their right.

[diveRN]

Lunch and break laws vary from state to state.

In California, our facility gives 12 hour shift workers two paid 15 minute breaks and an unpaid 30 minute lunch. We could be eligible for two meal periods, but we formally waive the second one.

At night, we often skip the 15 minute breaks to combine them with lunch to take an hour's break all at once. Works for us.

[kurlykay]

I also work 12 hours shifts in California and we get one unpaid 30 min lunch break and two paid 15 minute breaks. As someone said before we waive one of our breaks so that we work from 0700-1930 and get paid for 12 hours. We are not allowed to take all our breaks at once to make it an hour.

California also has a law that states that your first break has to be taken within the first 5 hours of you shift and if you work more than 8 hours, your second break must be taken in the last 5 hours of you shift. Since we waive one break, we either have to take a break from 0700-1200 or from 1400-1900. So basically we cannot take a break from 12-2pm (which of course is prime lunch time!). This law cannot be waived. It doesn't make sense to me how we can waive a whole lunch but cannot waive this dumb law. The nurses have gone to the labor board to testify how this law affects us and that we would like to be able to waive it. We have also signed a petition that went to the state capital. We are currently waiting for a decision.

Some hospitals in California do not follow this law. Since we clock in and out for lunch it is very easy to track and we are paid a break penelty if we clock out at the wrong times. You can sue if the break laws are not followed and the hospital would have to pay alot of back penelties. My hospital always makes sure you get a lunch break, even if they have to bring in an extra nurse to cover people.

-Karen

[suzanne4]

CA actual law is a 15 minute break for every four hours that you work, and that is that you are paid for. Then a 30 minute lunch break that you are not paid for is not paid time.

Depends on how your facility cares to do things, whether or not you take the three 15 minute breaks or add them into your lunchtime, or get off work earlier and wave the break. Have seen everything done under the sun.

The fact is that a 12 hour shift also contains a 30 minute lunch that is not paid time, and have seen some facilities just call it a 11.5 hour work day in place of the 12 hours and have seen night shift work less time as they do not have the cafeteria open so do not take the breaktime per the books.

Someone may call their 30 minutes their breaktime and then not take the actual 30 minutes of non-paid time for the meal time. It can be called whatever they want, but needs to meet state requirements.

Thread moved to CA since this is specific to CA law.

[TheCommuter]

I worked 12-hour rotating shifts in California for 3 years at a factory.

The workers received one unpaid 30 minute meal break, and two 15 minute paid breaks. While we were all entitled to a 1-hour unpaid lunch break, we all signed waivers so that we could leave work 30 minutes earlier.

[pinoy_guy]

Originally Posted by suzanne4

CA actual law is a 15 minute break for every four hours that you work, and that is that you are paid for. Then a 30 minute lunch break that you are not paid for is not paid time.

wow.

and we had been having 30 minute breaks in 12 1/2 hours for a long time--and the admin makes people guilty if we take more than 30 minutes...only to learn that we are entitled to a 45 minutes (15 minutes every 4 hours is 45 minutes for 12 hours.) paid break per 12 hour shift!

this means the hospitals are "skimming" the cream.

and a lot of facilities give the "sign or resign" ultimatum.

can these erring hospitals be held accountable???

is this legal?

[pinoy_guy]

Originally Posted by kurlykay

California also has a law that states that your first break has to be taken within the first 5 hours of you shift and if you work more than 8 hours, your second break must be taken in the last 5 hours of you shift.

this is weird.

in a facility I know, they interpreted this law to their advantage: as long as a nurse gets a lunch break in 12 hours, it's all good.

this had led to abuse--with the deliberate short staffing, what happens is that some nurses get their lunch breaks 45 minutes before they time out--that's 1830.

now that is a lousy time for a lunch break.

the nurse would be so hypoglycemic by then, and the risk for mistakes is high.

[diveRN]

Originally Posted by pinoy_guy

this is weird.

in a facility I know, they interpreted this law to their advantage: as long as a nurse gets a lunch break in 12 hours, it's all good.

this had led to abuse--with the deliberate short staffing, what happens is that some nurses get their lunch breaks 45 minutes before they time out--that's 1830.

now that is a lousy time for a lunch break.

the nurse would be so hypoglycemic by then, and the risk for mistakes is high.

California AB 60. Google it.

If the employee doesn't take a break within the first 5 hours, whatever it is... then the employer has to pay the employee additional money. Not sure what it is.