7/29/2011 10:07 PM
Appreciate the responses guys. Couple foot notes regarding this...I'm in law ridden California! And my employer is on a quest to follow every single law ever conceived! I guess I should have included what I'm about to write in my original question. We work from 6:00 am to 2:30pm - my crew takes their morning break in the maintenance shop break room at 9:00am. California law says employees are to get one 10 minute "stress free" break period after the 3rd hour of work - which is on the clock. No real issues regarding the morning break as it works well when the crew is finishing morning prep the finish line is at the shop and it's usually right around the 9am mark. California law also says that if the employee is [u">not[/u"> punch out by the 5th hour after the start of a work shift the employer must pay 1 hr of regular pay to that employee, aka a "Meal Violation". This means the employee must be punched out for lunch [u">by[/u"> 11:00am. If the employee punches out after the 5th hour; 11:01am or beyond, the employer is to pay the 1 hour reg pay to the employee. The employee will then receive a disciplinary write up from the employer - a strike if you will. 3 strikes and your out! My employees fully understand the policy and do not violate it! Due to the golfer traffic etc., we allow our employees a 15 minute window to get back to the shop to punch out, between 10:45an and 11:00am. We allow 1/2 hour for lunch. If an employee punches out at 10:58, they must be punched back in by 11:28; anything after 11:28 is on them, anything before 11:28 is a meal violation. My employees rarely punch out/in or late/early. Between myself and my handy-dandy assistant, we make sure they don't.
The afternoon break is the issue at hand; well it's not really an issue for me, but one or two members of our BOD have issues with our employee afternoon breaks and the travel time to the shop and back out to the job site. I would love to have the 10 minute afternoon break coupled with the lunch hour, but California law says no. If fact there needs to be at least a 1.5 hour separation from the time lunch ends and the second break is initiated. It too is 10 minutes and has to be a "stress free" rest period. I agree, there's nothing stressful about having a break under a tree for 10 minutes; but what is stressful is a new law passed by California that places responsibility on the supervisor (HOLY COW, THAT'S ME!!) to monitor employee heat stress and heat awareness. We get HOT here in the summer! We must encourage our employees to drink water, seek shelter if heat stress is experienced, ask them if they are experiencing any symptoms of heat stress, let them know each day what the afternoon high temp is going to be, etc. And I thought I was just to grow and mow grass!! I know my employees love sitting down in the break room under the A/C and fans. But our labor hours are suffering due to travel time. I am seeking information on the matter for our BOD. Would still like to hear any responses.
Thanks again!
B. Coulter
Sunny California