No announcement yet.

No lunch breaks?? California

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • 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?


  • #2
    Here are the rules for meal periods in California:

    And, if applicable, for rest breaks:

    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: (#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.