CA Meal Break Law Explained by an Employment Lawyer
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- Опубліковано 25 сер 2024
- This video examines CA's meal break laws. How much money will you be owed if you're denied your 30-minute lunch break? You will find out this and more watching this video. California employment lawyer, Branigan Robertson, explains the law so than any employee can understand.
Branigan Robertson is an employment lawyer in Orange County, California. His firm exclusively represents employees in lawsuits against their employers. Please subscribe to Branigan's channel! Visit his website at: brobertsonlaw.com
Other ways to find me:
Twitter: / braniganlaw
Facebook: / caemploymentlawyer
#MealBreaks #Wages #CaliforniaLawyer
Councilor, great stuff. Lunch room at work place where labor pushers question workers as to 1st 4 hours of work. I always went to car and put windows up, locked door. The joy to escape from all that --- beyond your imagining.
I am a delivery driver. Once I get loaded in the morning, I want to finish my route. I have no desire to take morning or noon breaks. I do take my lunch,, eating in my truck. I drive, sometimes for an hour , I do not think I need to take a morning break. I understand the laws, but I only really want a lunch break.
I usually only work 6-7.5 hours a day but my employer makes us take hour long lunch breaks . also I have never taken a paid break in the 4 years I've been with the company .
Leslie brazil after 5 hours it’s 30 minutes for a break and you get 10 to 15 minutes paid breaks. They’re probably discriminating you. You get 2 10- or 15 minutes breaks for free you don’t clock out at all they pay you for those breaks it’s the Law
@@graciegaytan2576 lunch breaks don’t have to be paid
@@ticoman12 do you understand what I wrote 🤨come on your message is nonsense
Ha I just started a job at dollar general as a manager. Assistant not store so I'm hourly not salaried. I get only a fifteen minute break unpaid and sometimes they make me work during my fifteen minute break and I'm working almost 60 hrs a week some weeks.
Two questions: On the 2nd meal break, having taken your first unpaid 30 minute lunch, does the employee ask for his/her lunch on/before the 10 hour or the 10.5? Technically he/she has only worked 4.5 hours for the second meal break at 10 hours due to the first unpaid meal period. The law says it must be 5 and 10 hours, but is not specific if the first unpaid 30 minutes factor into the 10.
2nd question: Can a union revise California meal break law to be worse for the employee than what the State offers? Example: Union gives permission to a company to work employees up to 12 hours with only one lunch.
Can Employers in CA tell you what time to take your lunch breaks? For example mine wants me to take my lunch 2 hrs into my shift, but I am not hungry then. Then when I am hungry, I cannot eat because I have already taken my lunch break.
This question needs be answered im having a similar problem
@@yahsharalah1841 I also would like to hear this question answered too!
I’m hoping we get an answer for this.
Just fast all day & skip meals. You can survive all day just on breakfast.
Thx for the info more knowledge more power
i working for 8 hours i take my lunch at 1 to 2 but i just found out its 12:30 to 1:30
just found out too
How many years can I collect for no rest breaks ?
I worked for five years without any rest breaks ..
Best Buy and other employers change the shift times to get around this.
In NC, the law is 8 hours, 1 lunch. So they don't schedule anyone over 7.5 hours.
Damnnn, wtf. I can't say I'm surprised :/
Smart😂
I have a very important question. So I start at 9am, after the 10 hour mark which is 7pm am I able to take an extra 10minute break. Or would it be after 7:30 pm bc the lunch is not considered working time .
I got a "meal break penalty" for not taking a 45 minute meal break within a 11am-4pm shift. This doesn't make sense as the shift is a total of 5 hours, so if I was to take a meal break my working time would be 4.25 hours.
I would only get 10 min breaks working at mc donalds I don’t remember my schedule but I for sure did more than 5 hrs 😭
what do you do if your supervisor changes your time to reflect NOT going over 6 hrs without a lunch when you had to because of work rush?
I was just fired for taking my lunch. I was on a six hour shift with no scheduled break. There was a gap between appointments and I'm diagnosed diabetic. My work has never given me a rest break in two years and only lunch breaks during 8 hr shifts. But the catch was they wanted me to answer phones and go out side to tell customers I was on lunch. Well I went to lunch and got a call from my boss yelling at me. When I came back I got dismissed and told I wouldn't work the next day. By my next shift I received a text saying I was terminated for insubordination and that I abandoned my post. He said if I wanted lunch I should of called him to cover me. I was never told I could do that for one for 2 he lives half an hour away and was on a day off.
Im in California, i work at a gas station. There were many times were my boss said that because im single shift coverage (working by myself) that i dont get no lunches or breaks.. she said i signed something when i got hired stating i am okay to skip my meal breaks if i am single coverage. One i got tired of my lunches being skipped.. one i locked the store doors so i could take my lunch uninterrupted. I only sat down to eat my meal for 15mins.. i put a sign on the door letting customers know the store is closed for 15 minutes. I got a write up from my boss stating i am to take my lunch at her computer desk and watch the cameras when a customer is at my register than stop eating.. interrupt my lunch to go help a customer. I work from 330pm to 10:15pm.. is this scenario a validation? Im about to quit this job.. can i sue them for a validation once i leave the job??
I'm a little confused with the wording of meal break violations... we technically weren't "forced" not to take our breaks, we just never were offered, or told, or provided the option of being able to take a break.
I think managers have to tell you when to take your breaks/lunch’s. It’s a violation on their part if they don’t have you take your lunch.
I’ve been with the company for almost 3 years. There’s have been several times that I’ve gone to lunch past my 5th hour, do to other employees would go before me. I can’t leave patients be themselves. Being in the healthcare setting where patients must be taken care of. But I do go to lunch just past my fifth hour. Does my employer owe me the extra hour of pay since the 5th hour window has been missed?
I work as a Security officer and they got me working a 8 hour shift with no one to relieve me for breaks or my lunch and they expect me to stay on the the clients site already having to brought something to eat or drink while on duty. This can't be legal can't it?
Nope, absolutely not. You are supposed to be taking a 30 minute lunch before your 5th hour, if you take it after then they owe you a meal penalty, and you are also required to take 2 10 minute breaks. It is not your responsibility to find coverage for those breaks either. Don't let them continue doing this.
Okay so I have this issue with my girlfriend working at Walmart Neighborhood Market out here in Bakersfield California they told her that she cannot clock out until she finishes her job and she cannot pass on her project that she's doing or leave it alone until she gets back and I told her that they cannot do that because they are owed their breaks she seem to disagree because they're the ones in charge and I keep telling her that they cannot do that to her because she has to clock out on time for lunch and then clock back in on time if she doesn't listen to me so I'm sharing this with her so she can understand that they cannot do that especially if they're giving her full 8-hour shifts
I worked for a mom & pop restaurant for a little over five years until about a week ago. I realized when I left that we were never provided with the opportunity to take a lunch a rest break. I didn't even know it was an option there.
I have filed a claim with the DLSE. Will they conduct a thorough investigation into their records or would you recommend I ask them for copies? Or whatever step I should take...
Thank you.
😢😢😢😢😅
Shit I think we should get paid for the 30 minute lunch breaks. We still have to go back to work afterwards and 30 minutes is barely enough time to eat. We’re forced to scarf down our food because it’s not enough time.
What if we have to walk across a big warehouse with forklift traffic to clock out, and once clocked out we have to walk a minute and a half to our lunch room with the forklift traffic then we have to walk back a minute and a half to the time clock to clock in on time, so basically for the last 7 years I've been talking a 27 minute lunch break, is my employer breaking the California 30 minute lunch law?
Is it legal for HR to threatened us with a write if we don't take a 30 minute lunch break, even if we are only scheduled 6 hours. They have posted signs every stating it's california law and they will write us up.
What if you are pressured into signing the waiver? I did because it was my first day and i didnt want to look like a bad new hire so i went with it, now im regretting it. I need breaks.😢
I start work at 8:30 but we don't get lunch until 3pm
The whole "end of the 5th hour" is confusing. I hear that and it sounds like if I clock out by 5 hours and 59 minutes, that's the end of the 5th hour right? But no... my company says I have to clock out by 4 hours and 59 minutes. I keep getting yelled at for clocking out at like 5:15 or something like that 😐
What if you were in a meeting that went past your 5th hour and was "strongly requested" adjust your timesheet?
I work at a movie theater currently and on my 30min meal break where I am unpaid I some time order food from the sack bar and have been told by my shift lead that I am to prepare the items myself often cooking something in an oven is this practice legal?
No lunch break at all..
Ive been working for 10 month and we never got breaks or lunch break at all i worked in a assisted living facility.. 8 hours straight by my self
Where does the $30/day penalty come from?
Great video, Mr. genius, Do you prefer to Sue under the state law or federal law? What if the employer fired you days after filing for EEOC claim and informing HR that you filed for EEOC inquiry?
What if I don’t want to take my break do I have to,,
I have a small c-33 house painting company in CA. and employees work 8 hour days 8-4:30pm or 7:30-4pm. Employees been voluntarily wanting breaks and lunch combine for a longer lunch break 12-1 pm (breaks are still getting payed except 30min lunch) What should i do, should i talk to a labor lawyer or get a sign voluntarily agreement from all employees?
Thank you for the video,
I work overnight and have been told I can take a break but must work through it. We recently transitioned to 10 hour shifts, I was told by my lead/manager that I am not allowed to take breaks, and later told by my managers boss that i can take my break but must punch out. (while my other peers are openly speaking about working though their lunch) I did sign a waiver to not take lunches recently but I am being told mixed messages by my higher ups. I feel like I am being manipulated and am not aware if I can do much about it :( Any advise for me please?
correcting my comment* my peers are openly talking about it technically only being an hour and a half of work extra because of the break they take* which would be 30 minutes. So I was told when I do it I am stealing from the company but when they take a break and dont punch out it is acceptable?
What about paid lunch breaks that are interupted
You are owed one hour of pay as a penalty. :)
How many breaks do I get if I work a 5 hour shift because I just got fired for no reason at 4 years and I have not taken any break ever for 5 hour shifts my previous employer said we didn't get a break I'm in California
I’m going to be honest about this & say 30 minutes is not enough time to eat & let the food settle💯%fact I never took a 15 minute break since it breaks the momentum only. So I would take 1 hour lunch & no breaks. The company didn’t seem to mind.
If I work past 8 hours at the point do I get a break ?
What if I take my lunch break but it between the 5th & 6th hours of my 8 hours shift?
I usually work 6-8:30 hours but I never take a proper meal break, I just eat my dinner while I'm working( I usually work from 6pm to 2:30am night shift), I do get paid for a 30 min break, but is it a violation? We don't have agreement with that too.
I was hoping for a reply. Any luck on your end?
To me this would depend on whether YOU ARE CHOOSING not to take a proper uninterrupted meal break or your EMPLOYER is either telling you not to take a meal break or not accommodating your meal break. If it's the latter it is a violation, but if you are CHOOSING to work through your break, it's not a violation. In your example, it looks as if you are choosing not to take a proper meal break, but you are also being paid overtime for that meal break if you work the whole 6pm to 2:30 shift. Unless the employer is explicitly telling you not to take your break, this situation does not look like a violation is occurring. That's just my opinion though, I'm not a judge.
I worked 13.5 hours yesterday without one break! Idk how big business get away with this.
I literally did the same thing just yesterday! Then when I checked my hours in the morning it only said 12! When I knowi worked about 13 hours. And when I looked in my time sheet, my supervisor manually inserted a second lunch when I didn’t even take a second lunch! What should I do??
On a 8 hour shift how late can you take your break?
I worked for a Public Sector job in Ca and they violated the meal & break laws by having us monitor our radios and work phones during breaks and lunch. They say because they are a public sector job and there is a Collective Bargaining Agreement that the penalties don’t apply to them. I just wanted to know if this is true?
That is probably true. You would have to read the CBA that applied to your job to see its policies regarding breaks.
how does this work for temporary employees?
Need help, have been being shorted 25% of base wage . Union unable to resolve. This happened for a year only 6 months ago. Please let me know if anybody can help. They are now emailing it will be after September. Thank you.
What happens if you work with developmentally disabled people and you can’t leave the disabled person alone?
HOW ABOUT IFF I WORK 17 TO 18 HOURS HOW MANY LUNCHES DO I NEED TO TAKE
Can you get fired for not taking lunch ?
My daughter work is making her take her lunch 30min after she starts then makes her work 6 hours with 1-2 15min breaks. Can her work do this?
How many breaks when you work 11 hours and 20 minutes??? they only give me 2 breaks and 1 lunch break.
I have a violation for not taking my lunch break on my 5th hour. It’s not my employer’s fault. Sometimes I lost track of time and I don’t feel hungry and forgot to take my lunch break before my 5th hour. I don’t wanna loose my job because of my violation. What should I do about this? My co-worker said it’s a serious violation and I can lost my job because of my violation. Please advice. Thank you.
At my company, this situation is considered "voluntary" as in, by losing track of time, or forgetting to take your lunch break before the 5th hour, you did so VOLUNTARILY. And as long as you admit that in writing, the company is not on the hook for that meal premium that they would otherwise have to pay. Your company did not tell you that you couldn't take a break, you just forgot to take your break before the fifth hour. Same thing applies if you VOLUNTARILY decided to clock back in early from your lunch, or if you VOLUNTARILY decide to not take a break. We have forms that employees sign for situations like this every time they "forget" to take a break. As long as you admit it in writing, your company should be ok with that. It's no loss to the company since they won't have to pay you the penalty. But expect to be coached on it if they don't want to pay you the extra time.....
It’s been a year how can I find a lawyer to represent me
If you typically worked a 12 hour shift in which zero uninterrupted, off the clock, meal breaks were taken (not possible due to work assigned) are you entitled to a second penalty of 1hr pay? Would it be 2 hours of penalty pay plus 1 hour of OT violation? This is not including the other rest break and OT violations.
Alison, I'm not sure if I understand your question entirely, but typically CA courts do not award two meal break penalties in the same day (even if there are two violations). Unless the case law has changed recently, you could typically only receive one meal break penalty a day, and one rest break penalty a day. If I'm not answering your question properly, make sure you reach out to a lawyer for a consultation. The consultation process is much more exhaustive.
You have answered my question; There is one penalty assessed per day for each unique violation. Thank you so much for taking the time to create these videos. I appreciate your candor and insights into certain realities of the legal process. I can't thank you enough for the time you've saved me.
You are very welcome!
I worked 6 hour shift per day. And I was told I only get a 15 min break for the whole shift. That's against the law! So I said something and then I was removed because I spoke up. While all his other employees work 6 hours and they also get 15 min breaks. He's getting away with it and I want him busted. Can you help me. He owns viva supermarket in Sacramento California. His name is Sean.
You should contact an employment lawyer for a consultation. Just because your employer broke the law doesn't always mean it is right to file a lawsuit. So call an employment lawyer or contact the DLSE. You can contact my office at 949-667-3025.
I work in an assited living home and we never get break or lunch at all ive been there 10 month know and all this time were usually ome person per 8 hour shift with no break at all
I work an 8 hour shift and take a lunch break with the rest break making it 45 minutes and that’s it, My question is shouldn’t I also get another rest break?
The companies I've worked for didn't allow for combining lunch with any breaks (extending).
You are entitled to two breaks.
I start work at 5:30 am in the airport duty and finished at 12 pm, and I go my first break at 6:10 for 20 minutes.
I go my second lunch break at 10 am.
Could my manger tell me not to go to my lunch break and it is unpaid.
Your employer sounds generous giving you a 20-minute break but that is not a lunch. I'm assuming it's on the clock?
Can I choose to take my break at the end of the day? If I start work at 6 am and im suppose to clock out at 2:30 PM can I leave at 2 PM and get lunch on my way home?
These break laws are primarily concerned with what the employer is mandating in the workplace. Primarily, the law doesn't want employers to prohibit you from taking meal & rest breaks to increase productivity. Since these laws have penalties if the employer breaks these laws, they may prohibit you from taking a break outside of the typical timeframes. However, if you choose to take a break at the end of the day, and your employer is OK with it, you should be able to do that. If you employer says no (because they fear liability from a lawsuit down the road) then you should take your break at the standard time.
if i work 8 hour day when can my employer let me take my lunch 7am to 330pm i think 1pm is to late
Hi there. Usually, you are supposed to take your lunch break close to the middle of your shift. But the law on point is pretty complicated. If you've been denied a lot of lunch breaks over a long period of time, you should call a lawyer.
I start at 10am-off at 2:30pm back to work at 4:30pm end up to 10pm. Total 10 hours a day but never have 10 min break! Should I get 1 hour extra paid? Or I should get this 1 hour extra paid as overtime?
Oh OT 1000%
Sorry lol 6 months later resppnse
Sounds like Walmart
Jessie Smith
Can the call be anonymous? So the company can not retaliate
The call with who?
@@braniganrobertsonlaw to get a lawyer involved
@@braniganrobertsonlaw i would imagine once a lawyer is involved they will do an audit on all employees in the facility?
This country has lousey worker rights compared to other European countries. Sick days, vacation days, paternity time off, healthcare, breaks, being able to sit instead of standing in one place all day etc, etc. Young people try to learn a skill, you can go to technical school, gain work experience then work for yourself. You may work your ass off at first building your business but it is worth it to not work for a__hole managers. Bring in people you trust and share a little of the wealth with them. Reward loyalty and hard work and do not tolerate laziness, theft or lies, be tough but fair. Most people are willing to work hard if they are compensated accordingly and treated with respect. Their are bad apples out there and.people who think they are entitled but you should get rid of them fast and document everything.
What if we're the only employee and cannot close the store?
The law is the law. My office has handled a case just like that. If you don't get your lawfully entitled break then the penalty occurs and the employer must pay you the one hour of penalty pay.
When you waive your meal break, are you supposed to do that in writing everyday? Or can you just do that once a year at the start of the year? Thank you.
This is an answer I would like to know. If you found this out please respond. Thank you.
Your employer just needs to yo sign a meal waiver. That's all.
Your employer can have you sign an "ongoing" meal agreement where you agree to waive your lunch and the employer agrees to pay you for all time worked (on the clock). If you both mutually agree, it remains ongoing until either party revokes it.
Anything on UA-cam that has the comments disabled is getting a thumbs down and reported
What if you're part time (4.75 hours) and your boss asks you to stay an extra hour without lunch
If you work more than 6 hours, you need to take a lunch by for your 5th hour. If you work more than 5 hours but no more than 6, and you don't take a lunch, then you have to sign a waiver for skipping lunch.
So, in your case, assuming you just add an hour to 4.75, that will bring you to 5.75 which is less than 6 hours. So, you would have to sign a waiver for opting out of a lunch period because you worked more than 5 hours but less than 6.
WHAT ALOT OF COMPANIES ARE DOING NOW IS MAKING THE EMPLOYESS WORK 9 HOURS . PART OF THE JOB IS TO TAKE A BRAKE MY BREAK TIME IS PART OF MY 8 HOUR JOB I DONT HAVE TO STAY AN EXTRA 30 OR 1 HOUR .
Who can I contact
There are a lot of lawyers who represent folks who have suffered meal break violations (mine included). Or you can contact the Department of Labor Standards & Enforcement.
What a handsome daddy.
Jesus christ.. I know someone who is owed a shit ton of money
i would not hire anybody in california, i would not live in california, wow what a scary state to live in.
Treating employees like humans?
Lol
Damn you must really hate yourself and your employees families 😂😂😂😂
Wow you seem like a sketchy employer
How can I contact you
I have a question, I had 4 meal penalty hours, they took 3 away with out my consent is that illegal?