Legal Question in Employment Law in California
Local Truckdriver Lunches Overtime Breaks
Driving Local after already having worked monday through friday (60+ hours) can employer require you to work on saturday? Is it legal that after 40hours there is no overtime paid? Is it legal that employee does not get to take a lunch and that employer requests him to bring a lunch in order to eat while driving? If no lunch is given during the day can an employer deduct one anyway taking from actual time worked?
3 Answers from Attorneys
Re: Local Truckdriver Lunches Overtime Breaks
Would need more information for a definitive answer. What kind of "local" driver are you? Do you work for a commercial trucker and what types of product do you haul?
Certain interstate and intrastate commercial drivers are specifically excluded from both Federal and state overtime laws and meal period laws. However, even if excluded, you must be paid for all time worked, including if you did not take a lunch.
Re: Local Truckdriver Lunches Overtime Breaks
NO. No. No. And no. Your employer is violating many provisions of the CA labor code if what you are saying is true. If you want redress for these violations, you should contact a lawyer or you can contact the labor board and learn about your options. Feel free to contact me with any further questions-Martin
Re: Local Truckdriver Lunches Overtime Breaks
Because it appears as though you work for a local delivery serivce, you are describing multiple violations of the labor code. The employer must let you have a half hour for lunch while relieved of all duty. You must be paid overtime. E-mail me or call me at 805/641-6600 if want to discuss further.
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