Legal Question in Employment Law in California

Rre you allowed lunch breaks if your paid salary at where you work?


Asked on 1/04/13, 12:56 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Allowed lunches and breaks?

It is required.

If denied, you have a claim for unpaid wages, OT, penalties and interest. Feel free to contact me if serious about pursuing your claim.

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Answered on 1/04/13, 6:22 pm

Mr. Nelson is 100% wrong. If you are truly an exempt employee there is no requirment that you be provided meal and rest breaks. However, there are many employment situations in which an employer either pays a non-exempt employee a "salary" but correctly calculates break and OT time as well and pays accordingly, OR treats an employee as exempt who does not actually qualify as exempt even though they are paid a salary. The latter was what happened in Muphy v. Kenneth Cole Production, Inc. Murphy was supposedly a "manager" and paid a "salary" at a KCP store. When he quit, he filed a claim with the State for back wages and penalties for being denied breaks. The California Supreme Court upheld the decision of the Labor Commisioner that Murphy was a manager in name only and really was a non-exempt employee. So the real qustion in your situation is whether you are legally an exempt employee or not. Being on salary is only one of severl requirements that must be met for an employee to be exempt from OT, meal breaks, etc. Without knowing the details of your job there is no way to tell if you are actually legally exempt or not - but if you are exempt you have no right to breaks.

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Answered on 1/09/13, 11:46 pm


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