california 2.5 hr lunch for part time hourly.

[starke49@pacbell.net]

I would like to know if my employer can work me for 6 hrs. then put me on a lunch for more than 1 hour as a part time or even a full time employee.
My employer told me to take lunch after six hours, then kept me on sight on unpaid lunch for 2.5 hours before working me again for another 2 hours with no overtime. Is this legal in California?
Thank You for any help.
GS

[LConnell]

It is legal as long as your employer is not overly restrictive about how you use your lunch hour.

[starke49@pacbell.net]

I thank you for your quick response and need a few clarifications.


So if I am a delivery courier in Ca. my employer can work me part of the day and then tell me I must take an extended lunch and wait for more work to arrive? Are there no limitations lets say I work six hours from 6 am-12noon then my employer tells me to take a lunch until the next truck arrives and it keeps getting delayed. finally at 4:00 pm it shows up and I am told to go back on the clock to go deliver until all work is completed. Is this legal?
What if the lunch is 6 hrs or 8 hrs? Is there no legal limit here?
Thanks
Greg

[LConnell]

If the timing is such that you do not have much flexibility in the use of your time, it could be seen as waiting/report time, rather than free time. To the extreme, if your employer requires you to wait at the site until there is work to be performed, it must be considered compensable time.

So, it is probable that the longer the time off between shifts, the more likely that it will be perceived that you have considerable latitude for pursuit of personal interests.

You should talk with the California Division of Labor Standards Enforcement for a more definitive answer to your question. The issue of what is paid and unpaid time is rather nebulous. It is best to hear it from them.