Take a Coffee Break--It’s the Law, for Most Workers

Question: Is there a labor law that states we are entitled to a 10- or 15-minute rest or coffee break every four hours during our eight-hour shift?

--S.K., Yorba Linda

Answer: Yes. The California Industrial Welfare Commission orders, which apply to virtually all California employees, provide that an employer is obliged to provide paid rest periods of at least 10 minutes to employees for each four hours, or major fraction of four hours, worked. The rest periods are to be scheduled as near to the middle of each four-hour period of work as is practical. If, however, you are an executive, professional or administrative employee as those terms are defined, the rest break requirement does not apply to you.

--Michael A. Hood, employment law attorney, Paul, Hastings, Janofsky & Walker

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Question: Almost a year ago, the hospital where my wife works forcibly changed her full-time status to part-time status. As a result, she lost certain benefits and monies. Since then, however, she has averaged 41 hours a week, week in and week out. Is this legal, or are there any rights employees have when they are forced to become “part time” yet continue to work full time?

--L.W., Westminster

Answer: Employers indeed have a right to schedule employees to work different hours to meet business needs. Unfortunately, economic situations have required many employers to readjust employee work status from full time to part time. Depending on company policies and benefit plan documents this also can change a worker’s entitlement to benefits as well. Indeed, it appears that part-time employees are not entitled to the same fringe benefits as full-time employees at your wife’s facility. This is not unusual. Your wife should refer to the company policy manual and benefit handbook to review what determines employee status for fringe benefits. If after review, she still feels entitled to the benefits, she should discuss the matter with the company benefits administrator.

--Elizabeth Winfree-Lydon, senior staff consultant, The Employers Group

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Question: Is there a state or federal law regarding the required percentage racial mix of a company’s employees? My company has been on a hiring spree lately and 99% of those hired are white. Do you see a pattern of discrimination here?

--S.W., Buena Park

Answer: There is no state or federal law requiring a certain percent racial mix of employees within a company. The fact that 99% of the personnel currently being hired are white does raise a possible question that your company may be engaged in either intentional discrimination based upon race or that its hiring practices--for example, testing, height and weight requirements--may be having a disparate impact on minorities within the relevant job market, especially when the racial mix within Orange County is approximately one-third minority.

It is, however, impossible to say whether such wrongful discrimination is taking place without further information, such as knowing how many employees were hired, over what period of time and for what positions, as well as the details of your company’s hiring practices and requirements.

--Thomas M. Apke, professor of business law, Cal State Fullerton