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  • Lunch Break

    Last week I went to lunch, when I came back my supervisor told me that our manager came in and told him that I could not go on my lunch break so late in the day. I work 5 a.m. to 1 p.m. I went to lunch at 12:10p.m. The employees at this job have to sign a meal waiver because the employees at my job are onduty during meal periods. I think my manager does not have his facts straight. I have not found any information that states that an on duty employee can not take their lunch an hour before the end of their shift. We get a 30 minute meal break. Did I miss something in the labor laws>

  • #2
    I haven't either. Although that's really irrelevant. If the employer wants you to take your meal period closer to the middle of your shift, they can certainly require that.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Check the wage order for your industry. If you are non-exempt in CA, you must take your lunch break before the 5 hour mark of your shift.

      Can anyone else comment on how the on duty waiver affects this? Isnt the company already paying an additional hour because of the on duty period?

      Therefore is missing the 5 hour mark an additional 1 hour of pay or one that is already taken care of due to the on duty?

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      • #4
        http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm
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        • #5
          California labor law attorney

          Employee are entitled to a 30 minute uniterrupted meal break after 5 hours of work. If there is a meal waiver, this may be able to be revoked by the employee - check this out.

          Originally posted by llmartinez73 View Post
          Last week I went to lunch, when I came back my supervisor told me that our manager came in and told him that I could not go on my lunch break so late in the day. I work 5 a.m. to 1 p.m. I went to lunch at 12:10p.m. The employees at this job have to sign a meal waiver because the employees at my job are onduty during meal periods. I think my manager does not have his facts straight. I have not found any information that states that an on duty employee can not take their lunch an hour before the end of their shift. We get a 30 minute meal break. Did I miss something in the labor laws>
          Walter

          www.California-Labor-Law-Attorney.com
          "Wage and Hour Class Action Attorneys"

          Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

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