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Exempt-6 hour work schedule California

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  • Exempt-6 hour work schedule California

    My schedule is 8-230 which includes 30 minute lunch-Am I required to take a lunch if I only work 6 hours a day?

  • #2
    There is sort of two different things happening legally.
    - CA has an odd law (meaning unique to CA) that basically says that CA will punish employers if the employee fails to take a lunch break. I would say if the employee works exactly 6 hours, and not a single minute longer, and both the employee and employer agree to it, then CA is ok with waiving the penalty.
    http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm
    - HOWEVER, unrelated to the CA rule, any employer in any state can make pretty much any employee work pretty much any hours the employer wants. This includes forcing the employees to take lunches that the employee does not want to.

    So, the question is sort of a function which of the two above equally legal answers that one is looking for.

    In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. ...
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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