Question:
Lunch and Break Time?
jr
2007-05-11 14:05:51 UTC
In california: Can an employer force their employees to take a longer lunch period, and longer break periods, unpaid? The law states that you get one unpaid 30 min. lunch for every 5 hours worked and two 10 minute paid breaks for every 4 hours. My boss is trying to make me take one unpaid lunch hour, and two unpaid 15 minute breaks, in an 8 hour day. Is this legal?
Four answers:
AriesJWR
2007-05-11 14:22:01 UTC
Yes. As long as you don't have a contract between you and your boss indicating otherwise at time of hire. The law is a MINIMUM.



Correction: You should still get 2 PAID 10 minute breaks regardless - but he can make you take a longer lunch.
Mel
2007-05-12 02:44:11 UTC
Your breaks must be paid, as stated in the wage and hour regulations for your industry. Your meal break can indeed be longer than 30 minutes, and may be unpaid, but should not reduce your total hours worked.



In other words, if you work from 8 a.m. - 5 p.m. with a 1-hour lunch, you should be paid for 8 hours. If you work from 8 a.m. -4:30 p.m., your boss reports a 1 hour lunch, but you really take a 30 minute lunch, you are essentially working for free for 1/2 hour and that's illegal.
hr4me
2007-05-11 22:25:20 UTC
An employer has the right to set the work hours and break times and periods for their employees.
Box815
2007-05-11 21:21:51 UTC
Oh come on, that's perfectly reasonable. Why be a trouble maker?


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