Legal Question in Employment Law in California

I just started working for a small company as a salaried employee. All of the employees here are salaried. It was explained to me that while technically we only work 40 hours, we will be informally reprimanded if we don't work more than 40 hours a week. It was recently announced that due to our boss not trusting us, we are only allowed 30 minutes for lunch which can only be taken from 1PM to 1:30PM, and we are not allowed to leave the premises. If we forget our lunch, our only option is to eat at the snack kiosk at the bottom floor of our building.

What I would like to know is which parts of this are illegal and which aren't for salaried employees?

Can he reprimand us for not working more than 40 hours?

Can he require we only take our lunch during a specific time?

Can he really make us not leave the premises?

Is there any loophole that would make any of this okay?

If any of this is illegal, what should I do?


Asked on 7/07/14, 1:48 pm

1 Answer from Attorneys
Kristine Karila Law Office of Kristine S. Karila

The answers depend on whether you are exempt or nonexempt. That will require an analysis of your duties. Call an employment law attorney to discuss.

If you are nonexempt, your employer can require you to work over 40 hours in a workweek, but you will need to be paid overtime. If you are exempt - that does not apply.

If you are nonexempt, you must be given at least 30 minutes of an unpaid duty-free (means you can leave the premises, etc.) for a meal period and two paid 10 minute breaks. If exempt - that does not apply. Yes, your employer can dictate when you take your meal period as long as it complies with CA labor law.

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Answered on 7/07/14, 2:04 pm


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