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California Working Lunch California

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  • California Working Lunch California

    I work in a company in California doing security. I am the only one on the shift and work an 8 hour shift (3pm-11pm).

    During this shift I am given food paid for by the company for lunch which I take/eat but during this lunch I continue to watch the cameras in our office since if there is a call it sometimes needs immediate response. Some days I get calls during my lunch, some days I do not.

    My boss has given our department a cell phone so we can leave our office (and property) during our lunch and breaks but because the nature of what I do I can be called back at any moment so I find it easier to stay in the office.

    Currently I have no signed agreements about anything lunch or break related.

    Would this situation I described above be subject to the additional hour compensation rule or is it because I "can" leave I would not be?

  • #2
    The California courts have recently ruled that as long as the employee is allowed to take the break the employer is not held responsible if the employee does not take it.
    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


    • #3
      Originally posted by cbg View Post
      The California courts have recently ruled that as long as the employee is allowed to take the break the employer is not held responsible if the employee does not take it.
      The judge said “We conclude an employer’s obligation is to relieve its employee of all duty,”

      In what way am I being relieved of all duty if I am expected to carry a cell phone in case someone needs my assistance?

      Comment


      • #4
        If you get called back to work, then of course you have to be paid for that time. But carrying a pager or cell phone has never, in any state, been considered work time.
        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


        • #5
          Just carrying a cell phone *in case* you are called back to work is not work time/being on duty. If you get a call & need to answer work questions, go back to work, etc. then that would be work time/on duty.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            I think I need to restate part of my original post. I did not leave the room with the cell phone and I want to get paid.

            I never left the room and continued to work because if I was off site and got a call then I would not be able to do my job correctly if it took me even 5 minutes to get back on site.

            And do remember I am continuing to work not because I want to but because I have no one to cover my job responsibilities while I am taking my lunch
            Last edited by ChrisKu; 05-28-2013, 08:55 AM.

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            • #7
              Ruh Roh

              For what it's worth, we did have an employee go to the labor board over carrying his pager on his lunch and he WON. We had to pay no meal penalties plus .50 overtime for every single day back to when it began.

              Comment

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