California Labor Law; Are there lunch time exceptions?
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California Labor Law; Are there lunch time exceptions?
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California law stupidly requires employers to insist all hourly employees take a lunch by the 5th hour of work (on 8-hr days). I come in at 630 am which means I have to take my lunch at 10:30 (which is to say I get no lunch at all because I dont eat before noon). Are there exceptions to this assinine law? If I bring a doctor's note indicating I have digestive problems which require I take a later lunch, would this be acceptable? This doctor's note would SEEM a logical and valid exception to the rule--but since logic has absolutely no relevance when it comes to California labor law, I want to know if this exception is indeed a valid one. Please dont suggest any of the following: 1) see a lawyer, 2) see your HR rep, 3) eat lunch during afternoon break, etc. Just answer the question directly if you can. Thx
Additional Details
My employer would rather I take a late lunch as this works out much better for their scheduling. The only obstacle to both our preferences is the the truly asinine California labor law. There is absolutely no good reason I shouldn't be able to take lunch at a time when both me and my employer mutually agree!
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mj69catz
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You are correct about the interpretation of the California Law, which is different than the laws in a different state. At this time, there is no way around the law legally. They have to give you the break.
It appears that the Govenor tried to get the rule changed, however labor unions pushed against it. Listed below is an article about the proposed changes, and a summary of the law that was enacted.
Sorry, but I don't believe there are exceptions. |
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Blue October
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man...i am a manager and have been in the hr business for years....your employer is interupting this law to the exact letter....it doesn't matter when you get the breaks or lunch - just that you got them.
contact your local Labor Board....i am positive it you want to take your lunch at noon, you should be able to.
you can find their number in the white pages under California State.
good luck |
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trippedits
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CA labor law says you must take at least a 30 minute off the clock break if you work over 5 hours in a shift.
It does not say WHEN you must take your break.
If you work 6:30-2:30, you can legally take your lunch at 12:00 as long as your employer and you agree to this schedule in writing. (So there is proof of the agreement).
If your employer is in agreement to that schedule, there shouldn't be an issue. |
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brk
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well, you might think its assanine, but apparently some people never had breaks like you get today and that is where the law came from. Because of their issues, you at least have the opportunity for a break. The law says you need 30 minute lunch for every five hours of work. I don't interpret that it must be on the 5th hour. However, your job may entail a need to have it on the 5th hour. example, there is work to be done at all hours, so your team shifts the breaks so that there is coverage. Or it is a manufacturing line, and everyone must take a break at the same time. those are just examples. but it does say, if you give up your break, you must be paid. I can't imagine any doctor prescribing that you must have lunch at a certain hour. Can't understand that. I suppose it may be acceptable in some jobs. But doubtful if you're on a manufacturing line. They just may find another option for you if thats a requirement, instead of stopping the line just for you. maybe just switch you to another role. |
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