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Can I work more than 5 hours before taking my lunch? California

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  • Can I work more than 5 hours before taking my lunch? California

    I only work an 8 (sometimes some overtime) hour lunch break but like to take a later lunch. I'm now being told i have to take my lunch 5 hours from when I clock in. Is there some way to opt out of this?

  • #2
    http://www.dir.ca.gov:80/dlse/FAQ_MealPeriods.htm
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      The employer calls the shots here. If they want you to take lunch at XX time, that's when you take it.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Your employer is following what the law says. As Patty said, you have to take
        lunch when your employer says to. They're the boss. I don't think I would want to take a later lunch if I was only working 8 hrs. the majority of the time.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          If you take your lunch after the commencement of the fifth hour of work, your employer is required to pay you 1 hours wages as a penalty. Obviously, the employer is not going to want to incur the penalty. As another poster mentioned, the employer determines when you take your meal break.

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          • #6
            The California legislature removed the word "penalty" from Labor code section 512. This was the crux of the Murphy v Kenneth Cole decision by the California Supreme Court that resulted in a 3 year stature of limitations. 4 if there is an unfair competition aspect to the violation. The one hours pay is to be made at the employees regular rate of pay. If there was overtime worked during the pay period, that would be figured into the regular rate of pay.

            There is an exception to the 5 hour rule. Employees in the motion picture industry can work up to the 6th hour before taking their meal break.

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