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View Full Version : Must take lunch at five hour mark? California California


rrmo
08-15-2006, 04:34 PM
I am a non exempt employee, my company was just audited and cited for not having documentation that the employees were takin lunch breaks. Now they are implementing a time sheet policy, and are telling us we must take lunch at or before the five hour mark of our 8 hr shift. Many of us have looked into the state law, and see that it just says if your shift is longer than 5 hrs, you must take a 30 min lunch but do not agree that it must be on or before that mark. Our HR said this was how our company is interpreting this law and if we do not follow the policy we will be written up. For those of us on the early morning shift, we take a morning 20 min break but feel it would be difficult to take our lunch within this timeframe. Can we be punished if we do not take lunch by a certain time, if we choose to take it or are better able to take our lunch later (maybe at the 6 hr mark)?

DAW
08-15-2006, 05:44 PM
There are two different issues here.
- As long as no laws are being broken, the employer can legally tell any employee when to start/stop work, when to start/stop lunch, what to wear to work, when to go to the bathroom, and pretty much anything else. Absent a law/regulation being violated, the presumption is the employer can tell the employee what to do.
- CA does have rules regarding lunch and breaks which can be found at the following website.
http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm

Megan Ross Hutchins
08-16-2006, 09:36 AM
The DLSE interpretes that law to mean that if you don't take your lunch within the first 5 hours, and you work more than 6 hours total, the employer has to pay a penalty. That is why the company is doing this. They are within their rights to fire you if you don't comply.

CarlosGomez
08-19-2006, 08:15 PM
Should I must take my lunch break before the fisrt hour or the second hour of working, I cant fund that on the law, or I can take my lunch break after 20 minutes that I start my work, where I can find this, did some one nows someting about it and a web site, because my employeer said that is no time for that, the only thing is I must no go over 6 hours without a lunch break.

Carlos

turbowray
08-20-2006, 05:35 AM
Should I must take my lunch break before the fisrt hour or the second hour of working, I cant fund that on the law, or I can take my lunch break after 20 minutes that I start my work, where I can find this, did some one nows someting about it and a web site, because my employeer said that is no time for that, the only thing is I must no go over 6 hours without a lunch break.

CarlosDid you click on any of the links given to you? If it does not state that they can not give it to you within a certain time after you start, then you have to take it when they tell you to!

Megan Ross Hutchins
08-21-2006, 09:46 AM
Should I must take my lunch break before the fisrt hour or the second hour of working, I cant fund that on the law, or I can take my lunch break after 20 minutes that I start my work, where I can find this, did some one nows someting about it and a web site, because my employeer said that is no time for that, the only thing is I must no go over 6 hours without a lunch break.

If I understand your question, yes, the company can require you to take a lunch break immediately. THe company can schedule your lunch break as it wishes, as long as it starts within 5 hours of your start time.

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