My first gig out of college-- the company said they didn't pay vacations or holidays for the first 6 months. I had no idea this was illegal in California, but one of the other hires did and got them in some major amount of trouble for it. They also asked me to sign a non-compete, I knew that was illegal and told them "I'll sign if you want, but these are illegal in California so its unenforceable." And they also forbade me from talking about my compensation, which is illegal. I later found out some people were making half what I was, and some people were making significantly more than I was. During the negotiations they told me they absolutely couldn't go over number X, when in fact that was not true. Of course they didn't want people comparing salaries.
Employment is the wild west. A law just means you have some recourse when they do a thing, not that they won't do it.
Walmart probably got too many lawsuits or something.
This is why they're so strict now, at least in CA.
Then they got walloped with a lawsuit about it. I actually used the situation to my advantage. Once I realized what was going on-- I snuck out the loading dock which was never closed and took leisurely lunches. It was assumed you couldn't get out, so you hadn't. I can't have been the only Walmart rogue who realized this, but I never saw anyone else do it.
https://www.independent.co.uk/news/world/americas/wal-mart-a...
And it wasn't just janitors. I was a stock boy. Most big box stores even if they aren't open, restock at night.
One big change that needs to happen, especially in the labor “friendly” states of CA/WA/NY/MA is modifying the all party consent recording laws to one party consent. Employers (and people in power) should be afraid their audio is being recorded so they cannot claim he said she said when they try to get away with something illegal verbally.
Edit: my list of states should be CA/WA/CT/MA. NY is already one party consent.
I've been in situations where proof of what happened was badly needed.
This is in part because with a CBA (union agreement) the union can bargain away rights you might otherwise have under law.
This can also be because wage orders (ie #12) modify rules or provide for exceptions.
And then even if on a union set, some things will be ignored (despite all the safety talk from the unions some trades find some of the safety practices a bit overboard or impractical -> looking at you fall prevention standards etc) especially for old timers who started before some of the safety rules came in (juicers / grips etc).
So union lunch break rules etc control - but can be ignored, and enforcement would be through a grievance usually vs a court case in some cases etc.
Last I looked (when working a 24/7 single person operations desk in California), you could just pay extra hours instead of having a 'mandated' break. For that role, having a legal break wasn't really feasible for most of the shifts. How are you going to get someone to cover for 30 minutes only at 4 am in the middle of the graveyard shift?
Anyway, that wasn't too bad, I did 4 pm to midnight and noon to midnight shifts, and it was OK to wander out for a few minutes to pick up takeout and eat at the desk. Lots of waiting around looking at the screen that stayed green most of the time. (Restart daemons when things turned red) Generally incidents only happened while developers were in the office, and there was one time the datacenter called to report a power outage, but it turned out it was just the breaker on the lighting circuit.
tell me you have never in your working life gone anywhere near the entertainment industry without telling me you have never in your working life gone anywhere near the entertainment industry.