Complete Labor Law Poster for $24.95
from, includes
State, Federal, & OSHA posting requirements


No announcement yet.

Exempt-6 hour work schedule California

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • 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.
    - 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)


    The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.