Legal Question in Employment Law in California

I live in California. My employer regualary schedules us for 9 1/2 hour shifts, requiring us to take 1 1/2 hour lunch breaks to avoid paying overtime. Is this legal, or can we opt to only take the required 1/2 hour break?


Asked on 11/12/09, 2:14 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

The California Labor Commissioner's office regards any non-work breaks longer than an hour to create a split shift. This means that your employer should be paying you, at the overtime rate, for the extra half hour.

If many employees are effected by this practice, you should seek the advise of attorneys who handle class action litigation, as that may be the most effective way to remedy the problem. Or you could simply file a complaint with the Department of Labor Standards Enforcement.

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Answered on 11/17/09, 4:50 pm
Herb Fox Law Office of Herb Fox

Mr. Kirschbaum is correct. My firm, in association with others, handles wage and hour class actions. Our interest would depend, in part, on the size of your company and the number of workers affected. If you would like to consult further, at no charge or obligation, please contact me office.

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Answered on 11/18/09, 2:23 pm


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