Legal Question in Business Law in California

California Labor Code Section 226.7b

I currently work for a small company that employs about 100 people among two retail stores, an office, a warehouse and call center. I was reading about meal time violations and see that my company does NOT pay for lunch period violations. I as a manager with the company take one 10 minute paid break (un documented) and a half hour unpaid lunch. Our lunches are sometimes NOT taken before the first 5 hours, and sometimes are taken late into the day. I am scheduled 10 hours a day.

My District Manager stated that our company is NOT liable for meal time/ break period violations because the size of our company? I find this very hard to believe as I am under the impression that California Labor Code 226.7B apply to ALL EMPLOYERS?

I have been with the company for 4 months now. I feel that its not fair that my employer is not paying for missed breaks/meal period violations. Would I, as well as the rest of the employees have a claim?


Asked on 5/30/08, 12:41 am

2 Answers from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Re: California Labor Code Section 226.7b

I believe that the meal break times rules apply to all employers except those who can show that business necessity deprives them of the opportunity to provide meal breaks (such as gas stations with just one employee, 7/11, etc...) It is likely that you guys have a claim against the company. At the very least, I would like to see the provision that would exempt smaller employers from this rule.

If liable, your employer will have to pay for each unpaid lunch hour at your ordinary hourly rate in addition to any attorney's fees as per California Labor Code.

I am in California as well, so if you have any questions, please feel free to follow up.

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Answered on 5/30/08, 3:54 pm
Terry A. Nelson Nelson & Lawless

Re: California Labor Code Section 226.7b

Such violations subject the company to penalties and sanctions, in addition to paying the unpaid time with interest. Feel free to contact me if serious about taking action on this.

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Answered on 5/30/08, 5:25 pm


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