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Breaks and Lunch California

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  • #16
    Jennifer Katz: Next question - We do allow them both lunch and break time but if they don't want to take them and continue to work is that a problem?

    That is a very unsettled matter of law (especially regarding meal breaks) and will soon be decided by the CA Supreme Court. Pending the Supreme Court's ruling on the matter, most California labor law practitioners (including myself) advise that employers force employees to take their meal/rest breaks.

    Jennifer Katz: Another question - I am not sure how it's determined who is an exempt employee or not....

    I suspect you would benefit greatly from a Wage & Hour, labor law class put on by the CA Bar, CA CPA Society, or Chamber of Commerce. In the meantime, you should review this http://www.dir.ca.gov/dlse/faq_OvertimeExemptions.htm
    Barry S. Phillips, CPA
    www.BarryPhillips.com

    IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

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    • #17
      Any follow-up - if employees don't want to take lunch?

      Hello,

      I found this discussion when looking for an answer on Google.

      In the most recent message, it was posted that the Supreme Court was about to rule on what to do if an employee doesn't want to take their lunch break. Knowing the angle CA usually takes, I'm guessing employers will have to make their employees take lunch even if they don't want to...

      But has anyone heard back on if there has been a ruling, and what it was?

      Thanks,
      Tim

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