Legal Question in Employment Law in California

Meal Break Waiver

I have recently been scheduled numerous 5 and a half hour shifts at my work, but I am only being given the normal 15 minute breaks one receives for a 5 hour shift. Never does a supervisor ask me during my 5.5 hour shifts if I wish to waive my meal period--they seem more concerned with working me as close to 6 hours as possible and getting me off the clock before I ''violate''.

I do not remember ever signing an agreement to waive any of my lunch periods, and I am never asked if I want a lunch period when I am scheduled 5.5 hours.

Is there some loophole in the Labor Code allowing them to do this, or should I bring this up with my management?


Asked on 3/14/09, 5:26 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Meal Break Waiver

You could try to file a claim with the Labor Commissioner if you believe they are refusing to pay properly. You are entitled to hire counsel to help you with the process and hearings that you might have to go to if disputed by the employer, so if you need that help, feel free to contact me.

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Answered on 3/16/09, 3:26 pm


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