Legal Question in Employment Law in California

I take a thirty minute lunch , anywhere from fifteen to thirty minutes (0815-0830) into my eight hour worksift? Is this illegal? I dont preform any work duties while clocked out. I go onto to work until the end of my shift with no more breaks. My work shift is from 0800-1630pm.

Asked on 5/24/13, 9:35 am

3 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Not legal on several levels. First off, the meal break must be taken at or near the middle of your shift. Second, you are entitled to two additional paid breaks that you are not getting.

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Answered on 5/24/13, 9:50 am

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

Timothy McCormick was right again. Listen to his advice above. Meal break is at the middle of the working day. You also get two paid breaks under law.

I concur with Mr. McCormick.

There you have it: two lawyers telling you the same thing. Trust us.

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Answered on 5/25/13, 7:22 am
Terry A. Nelson Nelson & Lawless

Employees are entitled to and required to take an unpaid lunch break at about the 1/2 way point in an 8 hour shift, and to two paid breaks so as to make the shift into four units of about two hours each. You have a claim for denied breaks and lunches, penalties for failure to provide them, interest on the unpaid compensation owed, and to attorney fees if you win. If serious about pursuing this, feel free to contact me.

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Answered on 5/27/13, 11:59 am

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