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do I get a paid lunch if...... California

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  • do I get a paid lunch if...... California

    My employer asked me to wait until another employee finished their lunch before I go on mine. This would make me on the clock for a total of 5.25 hours.

    Does this mean I get paid for my lunch?

    http://www.dir.ca.gov/dlse/faq_mealperiods.htm


    Second, if I request a 10 minute break after being on the clock for 3 hours and get denied because of lack of coverage, do I get an extra hour of pay?

    http://www.dir.ca.gov/dlse/faq_restperiods.htm

    Third, I work for comission on a "sales per hour" rate. so if the above are true, would this hurt my SPH? Or is this pay separate from the hours worked?

    Thanks in advance for the help all!!!

  • #2
    What is your industry specific wage order? Also give us all the hours for the day, including start/times for work and lunch/breaks.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Originally posted by DAW View Post
      What is your industry specific wage order? Also give us all the hours for the day, including start/times for work and lunch/breaks.
      I'm in a corporation sales associate retail type job. A huge chain nation wide store.

      Breakdown of my day without a 10min break:
      1. Clock in at 9:50am
      2. Ask for a 10 minute break at 12:30pm and denied
      3. My coverage came in at 2pm and I was asked to go to lunch. So I did.
      4. Came back from lunch an hour later
      5. Clocked out for the day at 4pm

      Breakdown of my day with a late lunch:
      1. Clock in at 9:47am
      2.request a 10minute break at 1pm and got one
      3. Asked about lunches at 2:30pm and was told to wait until someone comes back from their lunch.
      4. He got back at 3:10 and I clocked out at 3:15 because I was finishing Yoo a register transaction.
      5. Took an hour lunch
      6. Clocked out at 5pm

      Hope this clears things up

      Comment


      • #4
        "Clock in/out" is legally meaningless. What is important is when you actually started/stopped working. Lets say that you actually started to work at 9:50 AM, actually stopped working at 4 PM, and had a 1 hour lunch with no duties. Hours actually worked are 5 hours and 50 minutes in this example under both FLSA and CLC.

        If you were denied a break, then you can file a wage claim with CA-DLSE. Works or it does not.

        I am not seeing a lunch violation. The general rule is that in CA you can work someone 5.5 hours before a 1/2 lunch is legally required. I am seeing more like 4.5 hours worked before lunch.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          He's posted this elsewhere, too. For some reason he is really desperate to get his lunch break paid.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            Originally posted by cbg View Post
            He's posted this elsewhere, too. For some reason he is really desperate to get his lunch break paid.
            i posted on a different website. Nothing wrong with seeking multiple opinions especially on legal matters.

            Comment


            • #7
              Nope, didn't say there was. Though when you get a paid lunch is not really a matter of opinion; either you are or you aren't.

              DAW knows more about CA wage laws than anyone I know - you can take his answer to the bank.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

              Comment

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