When Do You Get a Paid Lunch Break in California

My question involves labor and employment law for the state of: California

My employer asked me to wait until another employee finished their lunch before I go on mine. This would make me on the clock for a total of 5.25 hours.

Does this mean I get paid for my lunch?

http://www.dir.ca.gov/dlse/faq_mealperiods.htm


Second, if I request a 10 minute break after being on the clock for 3 hours and get denied because of lack of coverage, do I get an extra hour of pay?

http://www.dir.ca.gov/dlse/faq_restperiods.htm

Third, I work for commission on a "sales per hour" rate. so if the above are true, would this hurt my SPH? Or is this pay separate from the hours worked?

Thanks in advance for the help all!!!

The law says is if you work for more than 5 hours, they must allow you 30 minutes of time to eat.
Normally, the employer does not need to pay you unless they make you perform some duties (lets say man the phones) or say on the facility for some reason during lunch. If that happens, you must be paid at your normal rate.

The answer to your second question is it depends. You're only required to be offered one at some time in your four hour window. If you never get the break, then yes you are entitled to an hour of pay.

Sales per hour is not covered by these regs. You'll need to discuss the commission rate rules with your employer.

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Quoting flyingron

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The law says is if you work for more than 5 hours, they must allow you 30 minutes of time to eat.
Normally, the employer does not need to pay you unless they make you perform some duties (lets say man the phones) or say on the facility for some reason during lunch. If that happens, you must be paid at your normal rate.

The answer to your second question is it depends. You're only required to be offered one at some time in your four hour window. If you never get the break, then yes you are entitled to an hour of pay.

Sales per hour is not covered by these regs. You'll need to discuss the commission rate rules with your employer.

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Thanks. I think where I'm still confused is with lunches.

will a lunch be paid lunch if I'm forced to work a certain amount of hours in a row before lunch is taken?

Example. If I work 5.25 hours straight before I get a lunch, do I get a paid lunch?

No. The law does not say that you get a paid lunch if your break is late. You are entitled to a paid lunch break if, during your lunch break, you are not entirely relieved of duty. That is a completely different thing.

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Quoting Destinationsound

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Thanks. I think where I'm still confused is with lunches.

will a lunch be paid lunch if I'm forced to work a certain amount of hours in a row before lunch is taken?

Example. If I work 5.25 hours straight before I get a lunch, do I get a paid lunch?

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Read further down on the link you provided. It answers your question. Your meal break would have ended before then end of your 6th hour. It does not have to be paid.

Q. What are the timing requirements for when any required first or second meal period must be provided during the workday?

A. In general, when an employee works for a work period of more than five hours, a meal period must be provided no later than the end of the employee’s fifth hour of work (in other words, no later than the start of the employee’s sixth hour of work). When an employee works for a period of more than 10 hours, a second meal period must be provided no later than the end of the employee’s tenth hour of work (in other words, no later than the start of the employee’s eleventh hour of work). The foregoing rules are subject to certain waivers by mutual consent (as explained above), and different rules apply to employees in the motion picture industry. See Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004.

Oh ok so to summarize, as long as I take my lunch before the start of the sixth hour all is good.

So working 5 hours and 59minutes then clocking out for lunch is completely legal and doesn't deserve a paid lunch.

But the second the clock turns to 6.0 hours and I clock out, I get a paid lunch.

Well....maybe.

For example, if you are able to take the lunch at a more appropriate time and you simply fail to clock out until then, you don't get a paid lunch.

Why is getting a paid lunch such a big deal?