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  • lunch time

    I work for a large health care provider in California. I am hourly salaried, (exempt) meaning I get paid 8 hours when I work, no matter how many hours I am there, I take eto for any sick time. We never take our breaks or lunch as required by Calif. law. We get to work at least 20 min prior to the start of the day to get things organized. My question is, does California law state what time we have to take the lunch break? Since we arrive early (20 min), no breaks (20 min), and no lunch, (30 min), can we choose to take lunch and breaks at 4pm instead of noon? Since we are "salaried" shouldn't we be able to take the time as we please? We do not provide direct patient care.

  • #2
    Salaried Non-Exempt

    What is your job? The reason I ask is that some job classifications, such as certain types of nurses, are treated differently than other jobs under both California and federal law.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      lunch quest

      I am a Case Manager/Discharge Planner/Utilization coordiator. I work in contract hospitals and 'do it all" According to my employer I am an Exempt employee. If it makes any difference, I have a BSN degree. (required by the employer for this job)
      Thanks
      Last edited by suzque; 12-07-2004, 06:51 PM.

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      • #4
        Exempt Employee in California

        Unfotunately, employers are not obligated to provide a meal period or rest period to exempt employees. In addition, overtime need not be paid to exempt employees.

        I'm not sure what exactly you do, but if you are concerned that you may not be exempted from overtime and rest/meal period requirements, you may wish to take a look at the following website. It can assist you in determining if you are, indeed, exempt. The only exception for California (vs. the federal requirements) is that exempt employees must make at least 2 times the monthly equivalent of the state's minimum wage. The annual equivalent is $28,080. http://www.dol.gov/esa/regs/complian...a_overview.htm

        Let me know if you have any other questions.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

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