Just a question. The information and material contained in this website are for general informational purposes only. But the attitude on Monday for not going to work on weekends is obvious. You can also agree with your boss to an on-duty meal break which counts as time worked and is paid. There is a Supreme Court case called Brinker v Sup. Under California law, when an employer fails to provide a proper meal break to a nonexempt employee, the premium (penalty) owed is one hour of extra pay for each work day that this occurs. If the employee asks to take their lunch break at the end of the sixth hour because they have a personal appointment, is it okay to allow them to? There are, however, certain exceptions. “Anything more than two hours” in duration needs a 10 minute rest break. Your California employer does not have to pay you for a meal break. Like California overtime laws, California meal and rest period requirements only apply to non-exempt employees.8. I get an hour lunch and 30 min paid rest break for the day. California requires employers to provide a 30-minute meal break once the employee has worked five hours. But that exemption has many requirements which your employer may have blown. You may not use this work for commercial purposes. That being said, the employer appears to be open to risk if they do not pay the penalty hour and allow the employee to move their meal break pass 5 hours, when working more than 6 hours. Give us a call at (213) 992-3299. My boss was fired and his boss told me he would work with the payroll department so I could receive compensation. It’s also summarized on this page above the comments, with a calculator to help you know where the breaks should fall (although, it assumes you’re clocked in for the whole time, so watch out for that). Also, to promote just economic growth through enforcement of California labor laws by civil actions. This is true even where the employee is relieved of all work duties during the meal period. Work in Nevada? Rest Periods (A) Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. Q. These rest breaks must be counted as time worked and must be paid time. Please check one of the following ☐ This form is to waive my meal period for the workday(s) listed below: Date(s) Beginning Time End Time. Most employees in California are allowed to take an unpaid thirty (30) minute meal break and ten (10) minute paid rest breaks throughout the day. When does the lunch break start? She stated that if I clock back in early from lunch say 45min lunch, that I would still be docked for the entire hour? If you work over 10 hours in a day, you are entitled to a second meal break of at least 30 minutes that must start before the end of the tenth hour of your shift. Lawsuit →, https://www.dir.ca.gov/dlse/faq_restperiods.htm, https://www.dir.ca.gov/dlse/split_shift.htm, https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm#:~:text=Is%20it%20permissible%20if%20I%20choose%20to%20work%20through%20my%20meal%20period%20so%20that%20I%20can%20leave%20my%20job%2030%20minutes%20early, https://www.dir.ca.gov/dlse/FAQ_Overtime.htm#:~:text=law%20requires%20that%20employers%20pay%20overtime,%20whether%20authorized%20or%20not, https://www.dir.ca.gov/dlse/faq_restperiods.htm#:~:text=in%20the%20middle%20of%20each%20work%20period, https://calaborlaw.com/california-meal-break-law-for-employees/comment-page-22/#comment-12082, https://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm#:~:text=ten%20consecutive%20minutes%20for%20each%20four%20hour%20work%20period, https://www.dir.ca.gov/dlse/FAQ_ReportingTimePay.htm, https://www.dir.ca.gov/dlse/FAQ_Overtime.htm#:~:text=Can%20an%20employer%20require%20an%20employee%20to%20work%20overtime, https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm#:~:text=If%20the%20employer%20requires%20the%20employee%20to%20remain%20at%20the%20work%20site%20or%20facility%20during%20the%20meal%20period,%20the%20meal%20period%20must%20be%20paid, https://www.dir.ca.gov/dlse/faq_restperiods.htm#:~:text=My%20employer%20is%20not%20allowing%20me%20to%20take%20a%20rest%20period.%20Is%20there%20anything%20I%20can%20do%20about%20this%20situation, https://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm#:~:text=an%20employer%20that%20knows%20or%20has%20reason%20to%20know%20an%20employee%20is%20performing%20work%20during%20the%20meal%20period%20owes%20compensation%20to%20the%20employee%20for%20the%20time%20worked, https://www.dir.ca.gov/dlse/split_shift.htm#:~:text=longer%20than%20a%20bona%20fide%20meal%20period, https://www.dir.ca.gov/dlse/split_shift.htm#:~:text=What%20is%20a%20split%20shift, https://www.dir.ca.gov/dlse/FAQ_Overtime.htm#:~:text=for%20the%20first%20eight%20hours%20worked%20on%20the%20seventh%20consecutive%20day%20of%20work%20in%20a%20workweek, California Meal Break & Rest Break Law (2020) – Quick Calculator + Charts, Final Paychecks – When Are They Due? 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