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?
2 Answers from Attorneys
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.
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.