My Pay, Meal Break and Rest Break violation of rights

[MrBuluntea]

I have worked for two different non-emergency ambulance service companies and at both places I find that they are consistently violating my employee rights by not providing me with the opportunity to take a lunch break ever!!!

They also do not pay overtime at all. NOt even time and a half.

Does anyone else seem to have the same problem?
Does your company also not pay overtime? They are making me work 11-13 hours with no overtime and ridding me hard.....

Am I the only one?

 

[MrBuluntea]

Violation of my employee pay rigths as an EMT

I have worked for two different non-emergency ambulance service companies in California and at both places I find that they are consistently violating my employee rights by not providing me with the opportunity to take a lunch break ever!!!

They also do not pay overtime at all. NOt even time and a half.

Does anyone else seem to have the same problem in California?
Does your company also not pay overtime? They are making me work 11-13 hours with no overtime and ridding me hard.....

Am I the only one?

 

[wannabeHFD]

Sue?

 

[STXmedic]

Looks like it's time to find a new job. Again, apparently. Ask around about area companies next time.

I've heard of companies being able to not give certain benefits if they have under a certain staffing (small companies under 100 personnel), but I don't know for certain. That's only what I've been told, but I never looked into it further.

Either way, find a new job.

ETA: No need to post this in a bunch of different forums. It'll get seen.

 

[Aidey]

Duplicate threads merged.

Before you get outraged, you might want to make sure there aren't any exceptions in state law that apply to EMS. In many places certain industries are exempt from break laws and things like that. EMS is not a lunch break friendly job.

 

[Clipper1]

Check your employment contract which you signed when you agreed to take the job. California is strict but if you signed an OT wavier so you can work in excess of 8 hours, your employer is protected. This is how nurses, police and others who are given the option to do 12 hour shifts are working with the California laws. They also do this with the understanding they will not be paid if they do take a lunch break. This means to get paid for a 12 hour shift, you must work 12.5 hours. Only after 12.5 hours will these employees start to earn OT.

and FD employees are another group covered by different laws which probably do not apply to you.

 

[Tigger]

I have never worked or heard of any private company providing crews with lunch breaks, paid or not. I'd rather get paid for the whole shift, I'll find time to eat.

 

[PotatoMedic]

NOTE: This is not legal advice just some googling and copy and pasting. Plus a few opinions.


I do not know of an ambulance company that provides meal brakes or rest brakes. Legal under federal law.

"Federal law does not require lunch or coffee breaks."


companies may provide them. If they can guarantee that you wont work for 30' or longer it may be an unpaid brake. if it is less than 30' they it must be paid.

And of a cali website. "...the meal period may be waived by mutual consent of both the employer and employee."

My bet is that was part of your agreement of employment.

And to the overtime issues. Federal law says any hours after 40 in a work week must be paid at time and a half. not if you work more then 8 hours in a day.

On the Cali side of things...

Orders 5 and 9


Ambulance drivers and attendants scheduled for 24-hour shifts who have agreed in writing to exclude from daily time worked not more than three meal periods of not more than one hour each and a regularly scheduled uninterrupted sleeping period of up to eight hours.


No daily overtime required


TL;DR Buck up and be happy your employed because; One there are many people on this forum who would love to have your job. and two they are following the law. NOW! if you you are working more than 40 hours. Then you get OT.

 

[PotatoMedic]

I see my last point needs some more research... but more likely than not there is an exception.

 

[VFlutter]

Technically by state law I am supposed to get one 30 min and two 15min breaks per 12 hour shift or something like that. I have never been able to take a full 30min lunch break while working. It is just not possible. It sucks but it's just the nature of the work. I do get glorious overtime and get paid an extra 30min if I clock out no lunch.

 

[Clipper1]

Technically by state law I am supposed to get one 30 min and two 15min breaks per 12 hour shift or something like that. I have never been able to take a full 30min lunch break while working. It is just not possible. It sucks but it's just the nature of the work. I do get glorious overtime and get paid an extra 30min if I clock out no lunch.

Essentially we are paid for the 30 minutes which we are already there for. If we are also on call for transport, we still carry the pager at lunch which we don't get paid for. The L&D emergency response team also carries the phone during lunch but are only paid that 30 minutes if called.

As stated before, tough economy to not have a job in any profession.

California, like many other states, is an At Will work state which means your employer does not have to keep you around and really does not have to give a good reason for why.

 

[Akulahawk]

The industrial work orders are different for those of us in the "transport" business. They're also different for those of us in the security business as well. In short, they can work you straight time to 40 hours and if they don't remove you from all duty from your meals, they have to pay for that time.

For instance, I work 8 hours per day, 5 days per week. I also clock in and out without breaks or meals... all of them are considered on-duty, so I'm paid for those. If I work more than 40 hours/week, then all that time is paid OT. When I worked EMS, they could "get away" with paying 13 out of 24 hours by not paying for meal times and not paying for sleep time. However, if they do that, they must pay OT for work performed during those unpaid times.

Double-check that's the case with the current Industrial Work Orders for California.

 

[takl23]

How many jobs have you had in your life? Did you not know going in that jobs like these don't really provide for breaks? I've sat in my cruiser for hours on details without a bathroom break (cops do have larger bladders than most, as do EMT's for all I know). It's the nature of the work.

Time to find a new gig I guess...

 

[MrBuluntea]

Thanks for all the responses....can i hear from some California specific folks please as I know different states have different law...

 

[NomadicMedic]

I've never worked for an ambulance service, either private or governmental, that will provide a dedicated meal break. While you're at work, you're on duty and when there is a call... You go.

I also need to reiterate a point. Any information you may get here should be considered only an opinion, presented by peers.

If you feel that you have been wronged and your "rights have been violated", you'll want to consult with an attorney.

 

[Arovetli]

Ambulance EMS can be rough on employee comforts.

It would be a solid move to take better care of your folks, but it is what is is.

Contact an attorney or your state labor board if you wish a definitive answer.

 

[troymclure]

most ed nurses/techs dont get a real lunch break either.

 

[amscotty]

wow yup new company time, or hire lawyer to see if you can do anything?

 

[Aidey]

wow yup new company time, or hire lawyer to see if you can do anything?

Did you miss what almost every said about this almost certainly being legal and also being normal?

 

[Mariemt]

My state only pays over time in excess of 40 hours and scheduled breaks aren't required. We take them on down time