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Lunch breaks California

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  • Lunch breaks California

    Company V.P. at meeting instructed us managers to sign a lunch break waiver. There was no choice given. Assistant Managers at store are also expected to have lunch in store. Cashiers are told to have lunch. We are a retail store so many times our cashiers work off the clock. They adjust their clock in times to show they were off the clock. Reginal Managers of the company have personally witnessed this occur. They take no action. Us Managers did not find this was fair so we allowed the cashiers to clock in to be paid for working but then the company deducts us the overtime pay created thu deductions from Managers pay. Is this legal? Can one approach the Labor Board anonymously and expect action?

  • #2
    Nonexempt employees must be paid for all time worked. Period. Working "off the clock" without pay is a violation of federal (and California, for that matter), law.

    Having said that, though, the DLSE generally works individual claims first. You can't expect them to investigate and order back pay if they don't know who the employee is. It is rare that they would open a full-blown audit based on anonymous complaints; they just don't have the staff for that.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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