Legal Question in Employment Law in California
Is it possible to waive payment for rest breaks so that you may not be required to stay on premises during a rest break? or, are there different rules for employees that work on commission
Asked on 9/07/09, 6:31 pm
2 Answers from Attorneys
Joseph La Costa
Joseph La Costa, Attorney at Law
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Answered on 9/08/09, 11:40 am
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
The world of the workforce is divided into exempt and non-exempt employees. Non-exempt employees cannot waive such basic rights as meal and rest breaks with very limited exceptions. Exempt employees can come and go, without regard to meal and rest breaks. Outside sales employees fall into the category of exempt employees. Whether you meet the definition of an outside salesperson, depends on specific facts you may wish to review with an experienced employment law attorney.
Answered on 9/08/09, 4:27 pm
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