Legal Question in Administrative Law in California
Lunch Hours
Can I legally be written up for coming back after my lunch hour is over if the employee before me comes back late from hers? we have to rotate so that the phone is covered and my boss refuses to write her up for taking a longer lunch hour but writes me up for coming back if I return after 2 even though the coworker came back after 1 to take her hour and 20 minute lunch time.
1 Answer from Attorneys
Re: Lunch Hours
I am not sure I understand what is going on. If the co-worker is coming back after your lunch hour is supposed to start at 1 pm so you have to stay at the phones and he will not give you your full lunch hour, then he is wrong. Ask him whether he wants you to stay and operate the phones or just leave at your appointed lunch hour time. He can not reduce the amount of time you have for your lunch hour if that is part of your contract [verbal or written agreement]. If he will not listen to reason, tell him that you must protect yourself from being criticized for helping the company, so you will have to go to the next level of supervision to determine what the company wants you to do, including being paid overtime for working during your authorized lunch hour. But try to be diplomatic, as you are probably an at will employee who can be fired without reason.