12-Hour Non-Exempt, No Lunch Break

**annamc** · 11-16-2007, 05:53 PM

Hello,

I am a 13-year, non-exempt, California employee working 12-hour shift work. I am paid hourly. Our HR dept. had us sign a meal waiver upon employment.

For 13 years I have had "meals at my desk" and "10-minute breaks" are based on how busy I am. I have never been afforded a designated time to take a rest period or meal break.

HR put out a memo two days ago and stated "effective immediately" our hours are now 12 hours 30 minutes where we must take a 30-minute unpaid meal period. They still have our department's "meal waiver" on file and say our second meal period is waived but we must take at least one 30-minute uninterrupted meal period that is duty free.

My question is - should I/we (our department staff) be compensated for the years previous where we were expected to eat at our desks still working? Our hospital has a cafeteria where we were allowed to get food and bring it back to our desk to eat. We were expected to answer phones and work while we ate.

Thanks for any replies.

**Mr. Knowitall** · 11-18-2007, 05:31 AM

I thought you indicated that you were paid for those lunches - but had to work through them.

**annamc** · 11-18-2007, 11:10 AM

Quoting Mr. Knowitall

I thought you indicated that you were paid for those lunches - but had to work through them.

That is correct. However, doesn't California law state that 1) employees with alternative work schedules be given two 30-minute meal periods and only one can be waived 2) meal periods are considered "duty free" where you are not to be working.

Our company handbook states at least one 30-minute meal period shall be duty free (our 2nd meal period is waived). While we are paid for this 30 minutes (at straight time), we must remain at our desks answering phones and doing our job. We are not duty free and, if I'm reading California law correctly, we may be entitled to premium pay going back 3 or 4 years? (Murphy v Kenneth Cole Productions)

Out dept has no specified lunch or rest periods - we grab it if and when we can.

So yes, we are being paid for this 30 minutes as straight time but something clearly seems wrong to me about never being able to be "duty free" for 12 straight hours.