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No lunch breaks?? California

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  • No lunch breaks?? California

    Ok, I have posted a few other questions and have one about meal periods, my workplace does not give lunch breaks. When we do get a "lunch break" we cannot leave as there is nobody to cover us, and we eat our food @ the counter where customers are constantly interrupting and we are expected to answer the phones, and help customers during the 5-10 mins it takes us to scarf down our food (who likes eating in front of customers? Not fun.) Our shifts range from 5-8hrs/day and while we don't get an actual lunch period we do get "down time" when we are slow.. I am aware you can waive your meal period by signing a form and I don't remember if I did when hired..
    My questions follow:

    Is this legal? Or do the meal breaks while helping customers count as a meal period?

    Would signing the waiver upon hire waive my rights to all future meal periods, or must it be signed each day?

    Being as though we do not use a time clock (we sign in and out on paper) do I even have proof I don't get meal periods?


    Thanks!

  • #2
    Here are the rules for meal periods in California:
    http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm

    And, if applicable, for rest breaks:
    http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm

    Also, paper time sheets are fine, but the meal periods are required to be recorded, and it is the employer's responsibility to see that they are:
    http://www.dir.ca.gov/IWC/IWCArticle4.pdf (#7)
    Without such meal period records, when a meal period IS required and not waived, if you file a wage claim for this matter, you have a good chance of winning, since the employer's since the records also reflect no meal period.
    Last edited by Pattymd; 01-21-2011, 03:24 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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