Legal Question in Employment Law in California
Compensation for not having a lunch break
I am a veterinarian, and have been working for my employer for the past 19 months.
In my contract I am paid an annual salary for a 40 hour work week. Before I signed the contract it was verbally understood (but not defined in the contract) that I would have an hour lunch for each day that I worked. I work 4, ten hour days during each week.
For the first 12 months I was not blocked off time to take any lunches. I did not object intitially as I am used to working long hours. After 12 months, I started taking some hourly lunches, usually 2 out of the 4 days. I recently became pregnant and now take an hour lunch every day that I work. My boss was clearly not happy about me taking a lunch, but has not objected. My question is, am I entitled to any back pay or days off for the 12 months that I did not take a lunch?
Also, if I work from 9am-7pm, but stay to finish work until 8pm, my boss doesn't say anything, and does not credit me for the extra hour that I worked. But if I ask to leave at 6pm for a baby class, he expects me to make up the extra hour some other day. Is this legal?
Thank you in advance for your advice!
2 Answers from Attorneys
Re: Compensation for not having a lunch break
Based upon your professional license, you will probably be classified as exempt. If the employer has deducted ANY time off from your wages, then your exempt status may not hold up and you would be entitled to breaks and meal periods as well as aditional pay for overtime work (over 8 hours in a day or 40 hours in a week).
Exempt employees are not required to make-up time off, nor should there be any deductions for time off.
California law also requires that employers accomodate employees with pregnancy related health needs. If the meal periods are necessary for your health and the health of your baby, you may be able to insist on meal periods as an accomodation. You will need to inform your employer of your needs and possibly secure a doctors statement as to your needs.
As to baby classes vs. other types of time off, if you are treated differently because of your pregnancy, you may have a claim for discrimination.
If you would like to discuss your issues in more detail, feel free to contact me.
Re: Compensation for not having a lunch break
The labor laws mandate lunch and at least two breaks for your shift if you are paid or computed as hourly non-exempt. If you can demonstrate you were required to work through lunch and breaks or work OT, you can file a claim with the Labor Commissioner for the unpaid time. You have the burden of proof as to the schedule you claim, which could be met through time records or other evidence and witnesses.
If properly classed as salaried exempt, then no unpaid wage claim would be appropriate.
Contact me if interested in pursuing a valid claim.
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