Legal Question in Employment Law in California
is it legal for an employer to deduct an hours pay for a half hour lunch if it isn't taken within 5 hours of starting work. My employer does this and calls it a "meal penalty." It is deducted even if employee takes a lunch if it isn't within the 5 hour time period, or if the employee doesn't take a lunch at all.
2 Answers from Attorneys
Contact the State labor Department as this seems illegal on several grounds. The law provides that the employer must make a thirty minute meal break available, not that an employee has to take it [a large number of white collar, professional employees skip or work during their lunch time to get work done]. Nor can an employer impose a penalty for not taking a meal break.
The practice you describe is unlawful. Employers cannot make unauthorized deductions of this nature. A "meal penalty" is where an employer must pay to a non-exempt employee one hour's pay for missed meal breaks, not the other way around. You need to see a lawyer about this or file a complaint with the DLSE.
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