Can an employer give you a lunch 5 minutes after starting work and then make you work for 8 hours in Ca?

Lori

You are in luck California labor law requires that employees periodically be allowed to take meal breaks. Specifically, the law requires: No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the dayâ€™s work the meal period may be waived by mutual consent of the employer and the employee. Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an â€œon dutyâ€ meal period and counted as time worked. An â€œon dutyâ€ meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time. California Code of Regulations, Title 8, Â§11040.

You should also check the employer's hand book, usually they are more specific. Your girlfriend should talk to her boss, or the boss above the manager creating this issue.

Check out this site: http://www.gotmealbreaks.com/

Side Note: The Fair Labor Standards Act (FLSA) does not require breaks or meal periods be given to workers. Some states may have requirements for breaks or meal periods. If you work in a state which does not require breaks or meal periods, these benefits are a matter of agreement between the employer and the employee (or the employee's representative). See Department of Labor - http://www.dol.gov

Good Luck!

HR Recruiter 10+ Yrs exp.

michr

for most jobs in california this is illegal there are exceptions and exemptions to the rest and meal period laws.

generally:
10 minutes PAID rest period for each 4 hours of work as close to middle of the 4 hour segment as business flow will allow.
http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm

30 minute UNPAID meal period for more than 5 hours as close to middle of scheduled shift as possible dependent on business flow.
http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm

hazeleyes28

California state law says that you must take at least 30 minutes for lunch no later then 5 hours after your start of shift. Therefore if you are given a 30 minute lunch 5 minutes after you start then yes because you are withen your 5 hour mark. However, you must be allowed to take 10-15 minute breaks at least twice in an eight hour shift. This is in addition to the lunch.

hungry!

On a 8 hour shift you get a half hour lunch and 2 15 minute break thats the law and if not she needs to speak up remember LABOR LAW dont let them play her like that good luck!

Chuck P

No they can't, it is the law that they post the rules in the break-room for all to see. She can look there, the law requires her to have a 20min break after 5hrs and 15min. break after 4. Most employers give a 30min lunch non paid break and a 20min paid break for an 8hr shift. If you still are confused call the labor board in your area.

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