Legal Question in Employment Law in California

Can an employer in CA require an employee to take a long lunch in order to avoid having to pay overtime? i.e. employee starts work at 7:30 and leaves at 5:30, In order to avoid paying OT the employer requires employee to take a 2 hour lunch break.


Asked on 6/16/10, 11:03 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

This is called a split shift. The employer may not have to pay overtime if overtime is not worked, but it does have to pay a split shift premium of one hour's pay for splitting the work shift for a period greater than a 30 minute meal period.

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Answered on 6/16/10, 3:27 pm


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