Legal Question in Employment Law in California

Re: Mandatory Lunch Break

Yes, you are required to take your meal period, or the employer must pay you for the extra time. Those are currently the only two options.

For further information, I recommend you visit the Division of Labor Standard Enforcement's website, at www.dir.ca.gov/dlse/dlse.html. Look in the Frequently Asked Questions section for additional information and sources to answer your questions regarding meal periods.

Re: Mandatory Lunch Break

I can see how this could be confusing. There is no statute that says you are "required" to take a lunch break. What the labor code says, is that if you work more than six hours, your employer is required to give you a thirty minute break where you are relieved of all duties. If you do not take this break, your employer is liable to you for penalties. The reason your employer is requiring you to take this break is they do not want to have to pay these penalties or be liable to you if you should decide to sue them later on. Hopefully this answers your question.