Legal Question in Employment Law in California

Re: Lunch and Break Requirements

Meal and rest periods are required for all California non-exempt employees. Failure to provide a meal break for an employee working more than 6 hours per day will result in a penalty for each day worked without a meal break. Employees working between 5 and 6 hours may voluntarily waive the meal period (in writing). Meal periods must be loggesd as part of time records.

Rest periods must be "authorized and permitted". That is, the employer must notify employees that they may take a reat period of 10 minutes for each 4 hour work period and not do anything to prevent employees from taking the breaks. Penalties also apply for missed breaks.

If you and your associates would like an analysis of your claims, feel free to call me. The penalties can be significant.

Re: Lunch and Break Requirements

As to your vacation issue, employer's may specify the terms of vacation usage. Requiring use in one week increments is not unlawful.

Re: Lunch and Break Requirements

If you are an hourly paid employee, California law requires that you be provided at least 30 minutes for a meal period after having worked 5 hours in a day, unless the work will be completed within 6 hours and you provide a waiver of your meal period, in writing. There are mechanisms for instituting a claim either through the State Division of Labor Standards Enforcement (DLSE) or through an attorney.

With respect to vacation time, your employer cannot dictate how you use your vacation pay. You may also have issues regarding unused vacation time of which you and your fellow employees are not aware.

Please feel free to contact me to discuss your situation.

(800) 447-5549

Re: Lunch and Break Requirements

Your lunch and break time, if not allowed, are grounds for a claim of unpaid time. Put together a group if that is your desire, and contact me if interested in getting help filing and pursuing your claims with the company. If they won't settle and pay, then you will have to file and go to hearings and trial at the Labor Commissioner, and at Superior Court if the matter goes that far.

Vacation time is up to company policy. If you get it at all, they can specify reasonable terms and conditions.

Re: Lunch and Break Requirements

Your company must force, if necessary, you and your co-workers to take a lunch break of a half hour or more, unpaid, no later following the fifth hour of work. If you do not take it, they must pay you one hour's salary. If that then makes your work day more than 8 hours, they must pay you overtime pay for that hour or time and a half. As to breaks, they must allow for it and advise you of it. Do not have to take it, but must "allow" for it. Certainly cannot be any retaliation if you take your entitled breaks. Vacation time can be managed as they appear to be doing. They must pay you for any vacation unused. They cannot force you to give up the time at the end of the year if not taken, etc, without payment.