can a employer make us take a lunch break 1 hour into a work day....started at 7:00 am and we were told we had to take a 35 minute lunch at 8:05 am..we work 11-12 hour days.were non-exempt employes.

There is nothing in the FAQ here that specifies that the meal period has to occur at a given point during your shift. I agree that it appears unfair and, actually, kind of stupid, to require a meal period that early in the shift, then have you work 10-12 hours without another one, but I don't see where there is a violation here, unless the following applies:

A second meal period of not less than thirty minutes is required if an employee works more than ten hours per day, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived. . http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm

thx for the reply it is greatly appreciated..

In the case of when a lunch hour can be taken, is there anything that say exactly when a break must be taken?

Can I take my morning break just before I take my then take my afternoon break at the end of my lunch?
AKA, long lunch and no breaks.

Ron

This issue is addressed by the terms "work period" and "meal period" used in the regulations. The idea is intuitive. When you begin work, that is the start of a work period. When you stop work to eat a full meal that stops the work period and begins the meal period. When you resume work, it is the stop of the meal period and the begining of another work period.

The regulations state that "No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except [some exceptions and limitations]".

Thus, if you start work at 7:00AM work to 8:05AM Meal Out until 08:40 then work until 3PM, you have two work periods, one for 1hr 5 min and One for 6hr 20 min. Since the employer employed you for a work period of more than 5 hours without a meal period, it is a violation and you are entitled to an additional one hours pay.

As far as stacking rest periods and meal period, the regulations state that " Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period." That is, they are supposed to be in the middle of the work period, not at the end and beginning. Even if the employee agreed to the scheme you are proposing, the employer should not allow it. The reason is that the employer could be held liable for it later. Thus, even if you agreed to a contrary provision, you could still sue the employer later for violating it. This sounds a bit strange in the case, but it is no different than someone who signs a contract agreeing to work for less than minimum wage and later sues for not being paid minimum wage.

mtracy thx for the reply...