Legal Question in Employment Law in California
Lunch Breaks
Do employers have the right to deduct the time from your daily/weekly total hours worked for a lunch break (after the 6 hour period of time) if you didn't take one?
Asked on 3/23/02, 1:16 am
1 Answer from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
Re: Lunch Breaks
If you worked through your lunch break, the employer must pay you for the time worked. However, be aware that employers must provide employees who work more than 4 hours with a lunch break of at least a half-hour. If you were requested to take one and did not, you could be disciplined but they still have to pay you. If you are not permitted to take a lunch break, the employer could be subject to penalties imposed by the California Labor Commission.
Answered on 3/26/02, 12:19 pm
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