Legal Question in Business Law in California

Work related

I have been penalized by my employer for not taking a lunch before 5 hours of work Can they do that? It was deducted from my check 1 hours pay.


Asked on 5/25/09, 5:21 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Work related

What an employer can, and cannot, do in this respect, as in most others, is governed by private contract. So, as to whether they can do it or not, you'll have to figure out what the terms of your employment contract are, not ask a lawyer to find it in some statute or regulation. If you don't have a written pay agreement, or don't work under a collective bargaining (union) agreement, your terms of employment are probably based on what you were told about hours and pay practices when you were hired, or what it says in the employee handbook, or what you know the company's rules are from prior experience. One thing the employer CANNOT do, however, is change the rules in their favor and against your interests AFTER you have worked the hours and earned the pay under an existing, prior arrangement. So, your best chance of prevailing is if this is something they just sprang on you, and things were different last week. The employer makes the rules, but cannot change them with retroactive effect.

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Answered on 5/25/09, 7:14 pm


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