Legal Question in Employment Law in California
I am an employer in California. Can I legally allow an employee to work an 8 day and skip their lunch if they wish to?
Asked on 2/17/10, 9:14 am
2 Answers from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
No. It is not an option to allow non-exempt employees to work 8 hours without a 30 minute uninterrupted meal break. Whether an employer must force employees to take their breaks, without being subject to penalties, is currently an issue pending before the California Supreme Court.
Answered on 2/22/10, 9:26 am
Terry A. Nelson
Nelson & Lawless
The simple answer is no. You'd incur liability for unpaid wages, OT, penalties and interest, plus attorney fees if they hire counsel to bring their claims.
Answered on 2/22/10, 4:22 pm