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California - boss trying to aviod paying overtime!

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  • California - boss trying to aviod paying overtime!

    I wanted to know if it is legal for and employer to make an employee take a longer lunch to avoid paying them over time.

    Example: I work from 9am-6pm with and hour lunch. Today however we had a meeting after work from 6pm-6:45pm. I should have been paid my 8 hours plus 45min of overtime. Instead my boss made me take a 1hr and 45min lunch so they wouldn't have to pay me the over time. So I was at work for 9hr and 45min and didn't get anything for it.

    Is this legal?

  • #2
    There is a DLSE Opinion letter that states if your lunch break is longer that 1 hour, you may be entitled to split shift pay. Does this sort of thing happen often? If not, evaluate the situation in proper context.
    Last edited by BSPCPA; 04-29-2008, 12:06 AM.
    Barry S. Phillips, CPA
    www.BarryPhillips.com

    IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

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