Legal Question in Employment Law in California

lunch breaks

My company has us sign a form stating that we understand we cannot close the store, or leave for a lunch break on days we are in the store alone. which is 3-4 days per week. Can they legally make us waive our right to a break from the store? our regular shift is 9-10hrs long and we do not always have customers, however we are never able to leave for a break of any kind.


Asked on 7/30/08, 6:26 pm

2 Answers from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Re: lunch breaks

This sounds like a California Labor Code violation, especially if your employer has a choice and you are not the only one who works at the store on those days.

If you would like to discuss this further, feel free to contact me.

Thanks,

Arkady Itkin

California Employment Lawyer

http://www.arkadylaw.com

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Answered on 7/31/08, 4:00 pm
Terry A. Nelson Nelson & Lawless

Re: lunch breaks

They are not allowed to deny lunches and breaks, and would be required to pay penalty overtime and other amounts for doing so if you complained to the Labor Commissioner. One way of handling this is to have your attorney contact them and require legal compliance in future, along with payment of the accrued OT, penalties and interest to date. Feel free to contact me if serious about pursuing this.

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Answered on 7/31/08, 5:35 pm


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