Legal Question in Employment Law in California
missed lunches
A manager here approves his own time na has not been recording lunch. Now the HR dept wants to begin deducting the 199.5hrs they paid him for lunches. His manager never looked at his time clcokings and now they want him to pay back the almost 200 hours. Isn't there anything he can do since his manager did not review his hours he was turning in? 5 weeks of pay is alot to ask someone to pay back.
1 Answer from Attorneys
Re: missed lunches
If this "manager" you refer to is truly an hourly employee who reports hours he worked that he, in fact, didn't, he not only has to repay the company for pay he didn't earn, he should consider himself lucky he isn't fired for fraud.
But if he really is a manager, he should be an "exempt" employee, who is salaried and not subject to hourly calculations. In this case, he wouldn't have to pay any money back.
Tell your friend to get some legal advice before he makes any decision on whether to agree to repay the money.
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