Legal Question in Employment Law in California

Breaks

My employer insists we return and are ready to work before the end of our 30 min. lunch is this legal? Also how many breaks are allowed in six hours if a lunch is waived?


Asked on 11/25/08, 2:53 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Breaks

You are obligated to be at your station right up to the lunch 'bell' and ready start work again at the end 'bell'.

Lunch can't be 'waived'; they must give you the break. You're entitled to a break approximately every two hours. Normally, that means a morning break, lunch, afternoon break, in eight hours. A six hour shift [?] would include a morning break, lunch, and then end of shift. If the employees are not getting those breaks, they are entitled to make a 'denial' claim that includes pay and penalties and interest. If that is the case, and if the employer is in SoCAL, feel free to contact me for legal help.

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Answered on 11/25/08, 5:05 pm


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