I'm a salary employee. Recently required to attend Mandatory training over 4 hours from normal job site. Company required me to be at job site at 3:45am to board a bus.

A meal was provided at the location, but we still continued to work while we ate. The bus returned me to the job site at 8:00pm.

My total hours worked that day are 16.25. 8 regular, 4 overtime, and from what I understand, 4.25 doubletime. However, the company is saying that it is only 15.25 hours worked. They are claiming that I received a meal period of 1 hour, which they do not have to provide compensation.

Based on what I have read, this is considered a "working lunch." I did not have my own transportation to leave the facility, nor was anything in writing regarding this type of agreement between myself and the employer.

Can anyone offer some advice? Granted, I'm only harping about 1 hour, but that amount will be at the doubletime rate!

Thanks in advance for any help!

Salaried is only a pay method. Are you exempt or non-exempt?

I receive a W2, and taxes taken out...so that is non-exempt?

No, that has nothing to do with it. Both exempt and non-exempt employees get W-2's and have taxes taken out.

Whether you are exempt or non-exempt is determined by your job duties. Not your job title, what you actually DO.

Thanks for your help cbg...

I am non-exempt. (I had to double-check!) :D

Lima_Charlie wrote: Can anyone offer some advice? Granted, I'm only harping about 1 hour

My advice... If your employer is a good to you, treats you fairly, makes reasonable concessions for you, etc., and this is somwhat of an isolated instance (e.g., you are only required to go to one off-site training session per year - at which your company actually pays for your lunch), I wouldn't make a big deal of the situation. I am not sure the few dollars in extra pay is worth the potential cost you may suffer if it sheds you in a negative light with your employer.

That having been said, if you decide to go for the gusto, California law provides that if an employer does not provide an employee with a 30-minute, duty-free, meal period as required by law, the employee is entitled to 1 hour of "extra pay" in the form of a "missed meal period" penalty. The missed meal break penalty is compensible at the employee's non-overtime, regular rate of pay. In addition, the employee is entitled to straight-time; time-and-a-half; or double time pay (whatever the case may be) for actually working through his lunch period. Austensibly, this would be double time in your situtation.

Note: California law also provides that if you work more than 10 hours in a day, your employer must provide you with a second, 30-minute, duty-free meal period or pay you for 1 hour, missed meal break. For more details http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm