Legal Question in Employment Law in California
I am a salaried employee. Often we are very busy that we never take our breaks during the day and we will stay later to complete projects in a timely manner. Work begins at 7am and I usually arrive between 7:00 and 7:10am. Given that no breaks are taken (lunch hour is) and we always stay late...can the employer demand we arrive at 7:00am everyday or you will be terminated?
3 Answers from Attorneys
Yes, your employer can condition your employment on your arriving at 7:00 am.
You are also entitled to be paid overtime, however, and you are entitled to be compensated for the breaks that you are not able to take.
If you do not believe you are being compensated correctly, you should consult with a plaintiff-side labor lawyer about a potential wage-and-hour claim. Many offer a free consultation to help employees figure out what rights they have, and to help them figure out how best to protect those rights.
The employer can demand and require anything he likes regarding schedules and hours. However, if you are denied breaks, you have a legal claim for unpaid compensation, overtime, penalties and interest for that break time, and a claim for any actual time worked over 8 hours per day or 40 hours per week.
If serious about pursuing these claims, feel free to contact me.
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