Legal Question in Employment Law in California
Is it true that we are no longer required to take any lunch or breaks at our place of employment.. It was said to us that it is up to our own discretion if we do not want to take any lunch breaks even if you work the full 8 hrs..
Asked on 7/16/12, 8:18 am
2 Answers from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
Employers are still required to permit employees to take their meal and rest breaks. But they cannot force employees to take their break if they choose not to.
Answered on 7/16/12, 3:19 pm
I believe Mr. Kirschbaum is incorrect about the breaks. Recent court decisions have stated that an employer cannot be penalized for failure to give meal breaks if the time for the meal breaks is made available to the employees and the employees decline to take them. I am pretty sure, however, that this new rule does NOT apply to rest breaks.
Answered on 7/16/12, 4:09 pm
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