Legal Question in Business Law in California

My employer schedules us 6 hour shifts and says that there a built in "on-call" in every shift of 6 hours or left. Sometimes they pick up the two hours and then deny us a meal period. They also threaten to write us up and fire us if we do not stay the extra two hours. Is this all legal?


Asked on 10/17/09, 11:46 am

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I think the denial of a meal period contravenes the meal break provisions of the labor code, and I'd suggest that one or more of the affected employees schedule a visit to a local office of the state labor commissioner to present the details and get an official opinion.

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Answered on 10/17/09, 6:23 pm

If you are not getting a meal period for every shift of five hours or more, it is illegal, whether it is five hours and one minute, six hours or eight hours. They can require you to stay, but not without the meal. You and the other affected workers should file a complaint with the local office of the Labor Commission.

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Answered on 10/18/09, 1:34 am
Melvin C. Belli The Belli Law Firm

I agree with Tom and Bryan again. You are entitled to a meal break after 5 hours of work. If you don't get it them your employer has to pay you for 1 hour as a lunchtime o mal guarantee, the employers like to call it lunch penalty. The law is the law and even if it is one minute over then they still have to pay you so that's why they get so touchy about it.

If you work for a big enough company go see someone who does wage and hour litigation. If you need some names call me otherwise go to the labor commissioner.

Good luck and go after your employer they should be able to get away with this.

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Answered on 10/18/09, 11:29 pm


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