Legal Question in Employment Law in California
not taking your lunch break?
I have an non-exempt employee that wants to make up time from days she did not work by not taking her lunch break, is there a form that she needs to sign to wave her lunch break? I was told there some kind of form out there but I'm not sure of this, please advise.
2 Answers from Attorneys
Re: not taking your lunch break?
Employees may not waive their meal break. You must require that all employees working more than 6 hours daily take their meal period and document the meal period as part of the employee's time record. Failure to provide the meal period subjects the EMPLOYER to a penalty of one hour of pay for each day a meal period is missed.
California law does allow "make-up" time. If an employee wishes to take time off, it can be made up on other days during the same work week, by working additional hours (not to exceed 11 hours total for the day) at straight time rates. This must be voluntary, and must be documented in writing. If you contact me by email, I can provide you a form for this purpose.
Re: not taking your lunch break?
Do so only at risk of her filing a penalty claim later. She can not waive the break.
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