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maptheway

February 03, 2009 06:16 PM

Can a California employer require/force/demand an employee take an unpaid 1 hour lunch break vs. 30min break?

California law requires ONE 10-minute break for every four hours of work, and a 30-minute unpaid meal (lunch) break for every 5 hours of work, unless your shift will end in 6 hours (in which case you don't get another break.)
If you work 9 - 5:30, you'd get one 30-minute meal period and two 10-minute rest periods.
For more, look for the wage and hour standards: www.dol.gov

Question: Can a California employer require/force an employee take an unpaid 1 hour lunch break?

Thus extending the work day an additional 30min for the employee.
Example: 9am - 6pm (instead of leaving at 5:30pm).
Employees generally want a 30min lunch and leave at 5:30pm, NOT a 1 hour lunch and leave at 6pm.

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twinturbo

February 03, 2009 08:05 PM

No. As far as i know from being an employer, California law states you MUST pay employees for their meal break even if the employer extends it.

The law requires that "If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the meal period is not provided." California Code of Regulations, Title 8, §11040.
Source(s):
http://www.gotmealbreaks.com/

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maptheway

February 06, 2009 01:23 AM

Actually meal breaks are NOT paid for. If you don't allow a meal break, you are in violation, and must pay 1hour (fine). That's what you reference...

The Question again has nothing to do with pay, rather, can an employer require 1 hour meal break? (30min IS required).

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