Working for Praxair: Does the Company Properly Follow Laws on Work Breaks?

California truck drivers working for Praxair are raising questions about whether the company properly follows laws on work breaks to be provided for employees. Some believe that Praxair is improperly denying meal and rest periods for truck drivers working for Praxair because the company is not aligning its practices with California laws on work breaks.

Truck drivers working for Praxair are in a unique situation because they are delivering materials that are hazardous, and as such, they are required to remain with their trucks at all times in order to avoid any dangerous situations. This requirement for drivers working for Praxair has led them to believe that the company has not been properly following laws on work breaks.

What Do Laws on Work Breaks in California Say?

Laws on work breaks in California are determined by the Department of Industrial Relations. These laws on work breaks apply generally to most employees working in California. The length of time of the meal or rest periods and the number of meal or rest periods per day is determined by the number of hours that an individual works in a single day.

For employees who worked five or more hours per day, a 30-minute meal or rest period must be provided. The exception is if a worker only works six hours total for the day, the employee and employer may come to a mutual agreement that the meal period be waived.

If an employee works for more than 10 hours in a day, then a second meal break must also be provided for a 30-minute duration. Similar to the aforementioned rule, laws on work breaks for individuals working more than 10 hours state that if the total time worked is less than 12 hours, the employer and employee may mutually agree to waive the second restaurant meal break periods. In this situation, however, the first meal break must have been taken.

During meal break periods, employees are supposed to be completely relieved of all of their duties, or else they are required to be paid for performing those duties at the regular rate of pay. There is an exception for workers whose nature of the work prevents them from being relieved from all duties, and this may be applicable to those who are truck drivers working for Praxair.

Are You Receiving Proper Breaks Working for Praxair?

For workers who cannot be relieved from all duties, like Praxair truck drivers, a written agreement must exist between the employee and employer that specifies the way an on-duty meal period will work.

If the meal break is not provided to employee based on an agreement mutually decided upon by the employer and employee, then the employer will be required to pay employee an additional hour of regular pay for each meal period that is not offered. This additional pay, however, will not count toward hours worked or toward overtime.

If you are not receiving proper breaks while working for Praxair, you may be entitled to seek legal compensation. An attorney can provide you with a free case consultation to help 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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