Legal Question in Employment Law in California
can an empoyee take lunch anytime throughout workday?
a manager states that an employee can change her lunch from 3pm to 4pm to go pick up her son from school. Now school has started and the manager is stating that they cannot approve this late lunch because of the labor law. Is there anything in this law that states an employee cannot take lunch at any time during the work day?
2 Answers from Attorneys
Re: can an empoyee take lunch anytime throughout workday?
Employees must, take lunch break by fifth hour of work. No exceptions. If not, employer must pay additional one hour wage.
Re: can an empoyee take lunch anytime throughout workday?
Yes. Under California law, the meal period must be taken between the 4th and 5th hour of the work day. It is unlawful to allow the employee to move the meal period to the end of the day and let the employee leave early.
Since employers are penalized 1 hour of pay for each meal period violation, you can imagine that the employer wants to comply to avoid the penalty.
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