Legal Question in Employment Law in California
I have a union job. Everything is spelled out in our contract. Sometimes we have to work through lunch, which I don't mind. Time and one half for time worked during break or an earlier quitting time (in our contract). CHP and other law enforcement agencies need us to clear the roadways of hazards, broken telephone poles, wires. Is the company asking me to falsify my time sheet by telling me that it's a state law to show a lunch break, or is this a way to make their account easier. Maybe they lost a lawsuit? Either way I would like to know if it's right for them to tell us (and in print) that by STATE LAW we have to show a meal period. I believe we are ENTITILED to a break after five hours not HAVE TO?
1 Answer from Attorneys
It is illegal for the company to make you show a lunch break if you did not get one. There are several reasons why they may be doing this. But the real question is: are they asking you to falsify time records so they can avoid paying you the time and one half or provoiding an earlier quitting time? If so, then you should bring this to the attention of your union.