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View Full Version : 1 hour deducted from every 8 hour day I work! - California


j2023
10-25-2006, 06:40 PM
My employer has a weird, and I'm thinking, illegal policy at the place where I work. From what I've come to understand, at the end of the day, a woman goes in and changes numbers on the employee's digital timesheets, removing an entire hour if clocked in for 8 or more hours. I'm told that the justification is the 30 minute lunch break, combined with the two 15 minute breaks at 2 and 6 hours. I know those are supposed to be paid breaks, but somedays my coworkers and I don't even take a break for lunch.

Actually, what I should say is my coworkers and I don't always take a break for lunch, but RARELY do we even leave for any period of time whether to eat or run errands.

I've found some information through blogs and sites similar to these, but I'm looking for written law that I can reference myself. Any help on this would be much appreciated.

Thank you.

BSPCPA
10-25-2006, 09:13 PM
California law mandates that emplyees be provided a full, 30-minute, uninterrupted, meal period when they work 8 hour shifts AND this meal period must be provided within the first 5 hours of their shift.http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm

It is unlawful for your employer to adjust your time-card and not pay you for the time you actually worked. Furthermore, if you are denied a 30-minute, duty-free meal period and/or your rest breaks, your employer owes you 1 hour of extra pay in the form of a "missed meal/break penalty." As I noted in another post, Wal-Mart just learned about this law the hard way. http://hr.blr.com/display.cfm/id/17236

My suggestion: Discuss your concerns with your manager ot HR Department. If you get no satisfaction, file a wage claim with the DLSE http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm or conatct an employment law attorney who will gladly assist you. These types of cases are rampant in California - at least Southern California where I practice.

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