March 2003
WIN AT WORK MONTHLY
A Community Service of DON D. SESSIONS, A PROFESSIONAL LAW CORP., Employee Rights Attorneys
Win at Work	Employee Rights Update
GIVE ME A BREAK “Give me a break.” That’s exactly what most employers are required to provide employees in many states across the country. For example, in California, the employer must give paid 10‑minute breaks in the morning and afternoon, and an unpaid break of at least 30 minutes for lunch in a typical workday. This does not apply to some employees, such as managers, who are exempt from these rules. Aside from the legal requirements, providing a break from the intensity, or even monotony, of a workday is probably a good idea anyway. Giving employees a chance to take a breath of fresh air, call home, grab a snack, use the restroom, or chat with colleagues during that specific time actually improves morale and productivity during work time. Both employees and employers should like that. So next time you hear or want to say, “Give me a break,” realize there’s good reason for it.	SEX HARASSMENT VERDICT A female bus driver recently received $750,000 in compensatory damages and $375,000 in punitive damages from a jury verdict in Los Angeles Superior Court. The jury held the defendant bus company liable for sexual harassment. Her boss promoted her to a trainee management position, but expected sexual favors in return. When the female employee complained to upper management, her complaints were ignored. The situation was so bad that the female employee took a demotion, including a cut in pay, and returned to her duties as a bus driver. The boss continued to harass her and the company did not take effective action to stop the harassment. An employer must take all reasonable steps to prevent harassment from occurring. The employer is strictly liable for the harassment committed by a supervisor. It will also be liable for failing to act when it becomes aware of harassment by a co-worker. Peter W. Taylor, Attorney
Update on our attorneys: Patrick Turner’s success in litigation was published in the Los Angeles Daily Journal, a prominent legal newspaper. Don Sessions’ comments on blacklisting on National Public Radio were broadcasted coast-to-coast to 540 radio stations. Steve Kimball spoke on legal developments in employment law to the labor law section of the Orange County Bar Association.
Look for our answers to employees’ questions in the “Life and Work Q & A” column of the Orange County Register’s "Business Monday" magazine. E-mail us at dds@job-law.com to have your address added or removed from our monthly mailing list. For more employee rights information or for past issues of Win at Work Monthly, click here for our website, job-law.com; here to order our book, Employee Rights in California; or contact our office directly at 23456 Madero, Suite 170, Mission Viejo, CA 92691, (949) 380-0900, (800) 774-7494, mailto:info@job-law.com. The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column which appears in the Los Angeles Times’ “Career Builder Magazine” and elsewhere. Win at Work Monthly is intended for general information and should not be construed as legal advice or opinion. Readers in need of legal advice should promptly retain the services of an attorney. ©2003 by Don D. Sessions.