Legal Question in Employment Law in California
My employer is requireing me to physically write or punch out my lunch time on my time card before paying me. Can't they just deduct the time if they know I am taking lunch every day?
Asked on 12/08/09, 3:37 pm
2 Answers from Attorneys
Raymond Chandler
Law Office of Raymond Chandler
Your employer is correct to have you punch-out to show, on the record, to show that you did get a lunch break.
However, if you are made to punch even when you don't get a full 30 minute uninterrupted lunch break, then your employer is breaking the law.
Answered on 12/13/09, 1:44 pm
Terry A. Nelson
Nelson & Lawless
I advise employers to require punch out/in for all breaks and lunches you actually take. It is not only legal, but necessary, to avoid false claims of 'denial' of breaks, or in your stated situation, false claims of 'change of time cards' and unpaid time.
Answered on 12/14/09, 12:25 pm
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