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CA Break & Lunch Penalty

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  • CA Break & Lunch Penalty

    We pay several of our employee's a penalty for missed lunches a breaks during our production season. There is much debate over requiring an employee to take lunches, not allowing them to take them, etc...

    Can anyone clarify the lunch requirements for a person working a 12 hour shift and someone working less than 6 hours in a shift?

    Also....is it considered a penlty (non tax) or a wage (tax)?

  • #2
    Requirement to Provide Lunches

    You are required to provide lunches to your employees. If you deny them lunches, you will be required to pay a penalty. You can read about it at: http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm

    An employer is required to provide a meal period of 30 days or more to a person working five or more hours in a shift, unless the employee is working six or less hours; in which case, both the employer and the employee can reach a mutual agreement to waive the lunch period.

    If an employee works a shift of 10 hours or more, the employee must receive a second meal period. The second meal period can be waived by mutual consent if the employee did not waive the first lunch period.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

    Comment


    • #3
      Lunch Breaks To Early

      What is the law reguarding being forced to take your lunch break 2 hours into an 8 hour shift? Isn't there a minimum you have to work before you can take a break. After lunch. That's six straight hours with out a break.

      Comment


      • #4
        Lunch Break Timsing

        Are you in California?
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment


        • #5
          Lunch breaks to early

          Yes, I am in Cali.

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          • #6
            California

            California has specific times in which to provide a lunch break to employees. You can read about them at: http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm

            As may be noted, this is the guideline that must be followed in most cases. Occasional exceptions are permitted. Let us know if you have other questions.
            Lillian Connell

            Forum Moderator
            www.laborlawtalk.com

            Comment

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