Tamara Burns  |  November 9, 2017

Category: Labor & Employment

Praxair truck drivers Chemical Storage Tank And Tanker TruckMen and women who drive trucks for Praxair in California are wondering if in the course of their Praxair employment they have been denied proper rest and meal break periods.

In fact, former drivers with a Praxair employment history state that they were denied proper rest and meal breaks and were not financially compensated for their time they spent working instead of taking a break.

Praxair employment as a truck driver requires employees to deliver materials that are considered hazardous, and truck drivers are required to stay with their vehicles at all times.

Meal Break Rules in California

The Department of Industrial Relations for the State of California describes some of the requirements for rest and meal break periods that employers must follow. A summary of some of the laws surrounding meal break periods for workers outside of the movie industry is as follows:

Employers must provide a meal period of at least 30 minutes for any employee who works five or more hours per day. The only exception is if the worker works a total of six or less hours per day, the employer and employee may mutually agree for the meal period to be waived.

If an employee works more than 10 hours per day, a second meal break must be provided of at least 30 minutes. The exception to this rule is if the total hours an employee works is less than 12 hours, the employer and employee together may mutually agree to waive the second meal period as long as the first meal period was not waived.

Employees must be relieved of all duty during their meal break periods or they will be considered “on duty” and must be paid at the regular rate of pay. The website states, “An ‘on duty’ meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and went by written agreement between the employer and employee an on-the-job paid meal is agreed to. The written agreement must state that the employee may, in writing, revoked the agreement at any time.”

If an employer does not provide the employee with a meal break based on a mutual agreement in writing, the employer is required to pay an additional hour of pay for the employee for each workday that the meal period is not provided, and this additional hour does not count as an hour worked or as part of overtime regulations.

If a driver is required to spend their meal breaks on-duty and without compensation as part of their Pradaxa employment without a written agreement, Praxair could be in violation of California meal breaks requirements.

Were You Denied Rest and Meal Break Periods in Your Praxair Employment?

If you have been denied proper rest and meal break periods as part of your current or former Praxair employment, you may be eligible to seek legal compensation for your losses. An attorney can provide you with a free case review to determine your eligibility.

Join a Free Praxair Driver Class Action Lawsuit Investigation

If you work or have worked as a truck driver for Praxair and you were denied meal and/or rest breaks during your shifts, you may qualify to file a Praxair wage and hour lawsuit or class action lawsuit.

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