Legal Question in Employment Law in California

Willfully skipping lunch breaks

In the retail grocery industry (non-union store) an employee voluntarily skips lunch and leaves after working 8 hours straight. The employee is aware of California State Labor Law regarding lunches but willfully ignores the law. Is the employer still liable for overtime compensation for the ''missed'' lunch break? Does the employee bear any liability for willfully violating the law? Assume this has been going on in said store for a period of years-- what would your advice be to both parties regarding this issue? What would your advice be if the employer had been aware of these violations but did not enforce the law-- ''looked the other way'', as it were, instead of disciplining said employee? Thanks.


Asked on 10/09/04, 6:16 am

1 Answer from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: Willfully skipping lunch breaks

The owner/manager is responsible and, if no lunch taken, owes the employee an hour pay for each lunch time not taken. If this they takes employee over 8 per day or 40 per week, it is paid as time and a half. Write up the employee and take action. He/she could come back for I believe, three years of unpaid untaken lunches.

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Answered on 10/12/04, 11:36 am


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