Legal Question in Employment Law in California

I am looking to find an answer to mine and my bosses argument for the past 3 1/2 months. I work M-F from 8am to 5pm, lunch is from 11:30 to 12:30 (1hr) He is telling me that since I get an hour for lunch, I do NOT get any breaks in between. He said If I wanted to take a break in the morning and a break in the afternoon, then I could only have a half hour lunch. Is this legal? What are my rights?

Shannon


Asked on 5/14/10, 4:20 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

By law, you must get a break in the middle of every 4-5 hour block of work time. You have a claim you could file with the Labor Commissioner for denial of break, with interest and penalties for the denial.

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Answered on 5/19/10, 4:40 pm


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