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.

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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.

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Answered on 2/22/10, 4:22 pm


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