Hello.
First of all, I must note that Google Answers provides general
information, not professional legal advice. If you need professional
legal advice, you should contact a qualified attorney in your area.
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There's an excellent guide to California labor law with respect to meal periods at:
California Division of Labor Standards Enforcement: Meal Periods
http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm
As described on that page, the employer has to pay you for your lunch period IF:
(1) You are required to be "on duty" during the lunch period. "On
duty" means that you are not relieved all of your work duties during
your lunch period; OR
(2) You are required to stay at the job site or facility during the
lunch period. This applies even if you are relieved of all work
duties during the lunch period.
See:
"If the employer requires the employee to remain at the work site or
facility during the meal period, the meal period must be paid. This is
true even where the employee is relieved of all work duties during the
meal period."
"Unless the employee is relieved of all duty during the entire
thirty-minute meal period and is free to leave the employer's
premises, the meal period shall be considered "on duty," counted as
hours worked, and paid for at the employee's regular rate of pay. An
"on duty" meal period will be permitted only when the nature of the
work prevents the employee from being relieved of all duty and when by
written agreement between the employer and employee an on-the-job meal
period is agreed to."
source:
California Division of Labor Standards Enforcement: Meal Periods
http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm
On the other hand, if you're "off duty" and you are allowed to leave
the work premises during the lunch period, then your employer does not
have to pay you for lunch.
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search strategy:
california labor standards meal
Thanks. |