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Labor Laws in California regarding 'second lunch' California

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  • Labor Laws in California regarding 'second lunch' California

    So heres my situation: I am a full time employee, and work on average 38-40 hours a week. My typical schedule is M T W F S. During the week my shift is typically 10:15-7:15 and I normally get two 10minute breaks as well as one 1hr lunch. While on Saturday I work 9:30-4:15, get one 10minute break and one 30minute break. Just recently my manager has changed my weekday shifts from 10:15-7:15 to 9:45-7:15. When I originally saw this I figured I would get .5hr of OT and was completely ok with it. To my dismay they are FORCING me to take: one 10minute break, one 1hr lunch (which i leave the premisis for) and one 30minute 'break' (that i also leave the premisis for). My question is whether this is legal or not. I feel that the next thing they will do is make me come in at 9:15-7:15 and make me take two 1hr lunches...

    I've looked at the CA labor laws and I am finding that they are pretty vague and don't address this particular situation.

  • #2
    I don't believe this is illegal, because since they are allowing you to leave the premises for those 30 minutes, you are not working and therefore not technically entitled to overtime for that. I agree that it sucks, but I don't think it is illegal. However, I'm sure one of the experts around here will be around shortly to confirm or say otherwise.

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    • #3
      Thank you for your response. See the thing is I found information on split shifts (as I feel this is the only way this can be considered legal) and from what I understand, split shifts must be seperated by a 2 hour break... but what do I know...

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      • #4
        Just curious, what time are you scheduled for your first lunch? In California you can't work more than 5 hours without a meal break.

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        • #5
          I always get my first lunch within the first 5 hrs, then typically get my 30minute break around the 7th hr... sorry for not mentioning this initially

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