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  1. #1

    Default Can an Employer Give an Unpaid Lunch Break to Avoid Paid Rest Break

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

    Hello, my current employer has had me.work anywhere between 5-6 hours per day. The other day one.of the supervisors refused for.me to take a rest 10 min break but instead made me take a 30 min unpaid lunch. Therefore only working 4.5 hours for that day. She said the law changed and anyone working 5 hours or more needs to take a lunch and no 10 min paid breaks. I'm guessing she's avoiding paying people for their break and.in thinking of filing a wage claim. Is this correct?

  2. #2
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Lunch Break to Avoid Paid Rest Break

    It is true that if you work 5 hours, your employer is required to provide you with a 30 minute unpaid meal break. However, this does not replace the 10 minute paid rest break for every four hours or major fraction thereof. You're still entitled to that.

  3. #3
    Join Date
    Aug 2013
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    284

    Default Re: Lunch Break to Avoid Paid Rest Break


  4. #4
    Join Date
    Jan 2006
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    Default Re: Lunch Break to Avoid Paid Rest Break

    sometimes diplomacy is a better means to resolve an issue than calling in the national guard to force a resolution.



    if the only issue is you are not being allowed your break, presenting current law on the matter and a:

    this is where I found that we should still be getting a break in addition to the lunch

    is often a better way to address the issue. While it is illegal to punish a person for filing a claim with the DSLE, there is nothing illegal about firing you for no reason at all other than the employer wanted to fire you. It is not that difficult to find a reason to fire you either. That means the employer can take negative actions that actually are due to the filing of the claim but make it look completely unrelated.

  5. #5

    Default Re: Lunch Break to Avoid Paid Rest Break

    Yes It's true it's best to try to resolve with a manager bit they don't cooperate. I want to file a claim anonymously but I'm not sure if I can do that? I'm also going to speak to HR. but I don't understand the major fraction? So in 5 hours it's 1 break of 10 min and a 30 min unpaid lunch?

  6. #6
    Join Date
    Jan 2006
    Posts
    38,718

    Default Re: Lunch Break to Avoid Paid Rest Break

    from the link

    The Division of Labor Standards Enforcement (DLSE) considers anything more than two hours to be a "major fraction" of four."

    a major fraction of anything is anything beyond 50% of the total.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,046

    Default Re: Lunch Break to Avoid Paid Rest Break

    You cannot file a claim anonymously if you expect to get paid. How are they going to see that you get paid if they don't know who you are?

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