Legal Question in Employment Law in California

Can a employer make an employee clock out for lunch when they are working alone all day long and can not leave the shop and have to help customers if they come in during that time?


Asked on 1/04/10, 10:59 am

2 Answers from Attorneys

Herb Fox Law Office of Herb Fox

No. This is an illegal labor practce. You are entitled by law to lunch and break times, and to overtime and/or penalties if you are forced to work through those times. If you are the only person affected by this policy, you should file a claim with the Labor Commissioner and/or consult with a local attorney. If you work for a company that has a practice of doing this to its other employees in addition to yourself, all of your coworkers might be entitled to take action as a class. My firm handles such class actions throughout California. Please call for a no-cost consultation.

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Answered on 1/10/10, 9:07 am
Terry A. Nelson Nelson & Lawless

No. Requiring work during breaks and lunch is improper, and creates unpaid OT, and gives grounds for a complaint to the Labor Commissioner, or a lawsuit. If the situation has been going on for a long time, and substantial OT and penalties have been generated, feel free to contact me to discuss your rights and remedies.

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Answered on 1/11/10, 10:38 am


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