Thursday, January 8, 2009

Breaking Barriers for Wal Mart Employees

Employment laws require that employers give certain employees meal and rest breaks. When Wal Mart violated this provision, the employees involved sued.

Wal Mart has been facing employment violations across the country for years now. In fact, about 76 cases had been filed in court charging it of similar violations. Wal Mart is willing to settle 63 suits amounting to $640 million.

Meal and rest periods are due to covered employees. These breaks must be strictly observed unless an employee does a much needed work which if not completed would spell prejudice to the employer’s business. In cases like this, the employer is required to pay the employee for the work done during their supposed breaks.

Title 8 of the California Code of Regulations substantially provides that an employer requires to give its employees meal period of not less than 30 minutes for a work period of more than 5 hours. Said period may be subject to a waiver upon mutual consent of the parties when the work period of not more than 6 hours would complete the day’s work.

The law further provides that an “on duty” meal period shall be allowed when the nature of the work prevents an employee from being relieved of all tasks. However, the parties must execute a written agreement regarding said on-the-job paid meal period.

In case of violations, employees may file a case just like what some of the Wal Mart employees did.