Legal Question in Employment Law in California

When it comes to meal periods, the California Labor Laws say that the meal break must be taken before the sixth hour, if the employee is working an eight hour day. I would work from 8 AM - 5 PM and was to take my meal period at or after 1 PM each day. The nature of my job was customer service, so often calls or work would push my actual lunch times past 1 PM by many minutes. Did this then fall into the "sixth hour" of work and qualify for additional pay?


Asked on 1/22/13, 10:34 pm

1 Answer from Attorneys
Neville Fernandes Norcal Employment Counsel

Yes, your employer cannot employ someone for a work period of more than five hours without providing an unpaid, off-duty meal period of at least 30 minutes. The first meal period must be provided no later than the end of the employee�s fifth hour of work. On any days in which your meal period occurred after 1 pm you would be entitled to a penalty (one hour of additional pay).

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Answered on 1/22/13, 10:42 pm


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