Legal Question in Employment Law in California
Meal-time Compensation
I signed a waiver giving up meal-time to eat at my area, and now my employer says that I can no longer eat at my area. I am told that I have to use my 2 ten minute breaks as well as eat. - Can my employer do this and not give me an appropriate lunch period?
2 Answers from Attorneys
Re: Meal-time Compensation
You can not be compelled to waive your meal period. California law provides for a one hour of pay per day penalty for each meal period missed. If the nature of the work prevents a meal period (that is the meal period is virtually impossible because of the requirements of the job such as a machine that can not be left unattended), the employer may ask you to waive the meal period, but you must agree in writing and be paid the daily penalty of one hour additional pay.
Re: Meal-time Compensation
No, they can't deprive you of lunch break. Contact the Labor Commissioner for Help, or pay an attorney to get help. If they retaliate illegally, or if you want help now, contact me to discuss your remedies.
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