Legal Question in Technology Law in California

I work at a company were we don't take breaks and also there are times were we don't take lunch and company rather keep us in our desk to take our lunch to answer phone calls.


Asked on 9/06/11, 12:46 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Depending on your job description you may be legally entitled to paid lunch and/or break periods. Keep a private time sheet and also keep copies of your "official" time sheet. Keep these documents at home (do NOT keep them at your workplace). On your private time sheet, of course, you will write down the actual hours you worked, and you will thereby document all the times you didn't take lunch or break periods. Someday the job will end, and if you kept good records you will have all the documentation needed to prove your claim for unpaid break time, overtime, etc. When the job ends, consult an attorney.

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Answered on 9/06/11, 1:03 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

In California, the Industrial Welfare Commission sets standards and rules for meal and rest periods. The requirements vary by occupation and industry. Your best bet is probably to contact an office of thr IWC - it is a part of the Department of Industrial Relations. Ask them for the rules that apply to your job and your company. The main law in this area is Labor Code section 226.7 which basically says the employer should follow the IWC'd rules, and if it doesn't the employee may be entitled to extra pay.

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Answered on 9/06/11, 4:17 pm


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