tacoking
03-31-2007, 09:55 AM
Hello, I have been searching for an answer to the question below, but can't seem to find it anywhere. If I am working a 4 hour shift, can my employer make me take an unpaid 30 minute lunch break? What if I am working a 6 hour shift and he says I must take a 30 minute break, but makes me take it after only working 1 hour into my shift. So I clock in for work at 10AM, then he makes me clock out at 11AM for my 30 minute unpaid break, then I have to work my next 5 hours? I quess my question is.....Is there a law that states between what hours the 30 minute break must be? I know it must be taken before the 5th hour ends, but what about with in the first 1 or 2 hours? Also, if I am only working a 4 or 5 hour shift, is it mandatory that I take a 30 minute break because my employer wants me to? THanks
Even in states where there is no mandatory meal break, if your employer says you take a break, you take one. It is the employer's, not the employee's opt what hours you work. That includes breaks.
That being said, here are the CA laws regarding meal breaks:
http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm
tacoking
03-31-2007, 10:13 AM
Thanks for the fast reply...I saw that link, but it doesn't mention anything about the timing of the break. If I work an 8 hour shift, they can have me take the 30 minute after only the first hour? So I work 1 hour, take the 30, then have to work 7 more hours? TIA
Since there does not seem to be anything prohibiting that, yes.
Barry?
BSPCPA
03-31-2007, 10:50 AM
tacoking: If I work an 8 hour shift, they can have me take the 30 minute after only the first hour? So I work 1 hour, take the 30, then have to work 7 more hours
Is your employer really scheduling you to work 8 hours and asking you to take your lunch break after only the first hour of work?
If so, your employer might very well be obligated to provide you another lunch period before the end of your shift, as Labor Code 512 mandates that "an employer may not employ an employee for a work period of more than five hours without providing the employee with a meal period of not less than 30 minutes."
