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  1. #1
    Join Date
    Nov 2008
    Posts
    1

    Default 2009 Law Re Forced Lunch After 5 Hours Work

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

    We're told effective Jan 1 we non-managerial employees must take our lunch at or within 5 hours of clocking in. We do not want to take such early lunches. We start at 6:30 a.m. and typically lunch in the 11-1 time period for our hour, staggered between us 4 salespeople. Now we've been assigned a lunch period, the latest being 11:30 (at 5 hours). Warnings of write ups, disciplinary action etc if we don't comply.

    I've seen exclusions for certain people in certain industries around this law (I think it was in food service industry, some others).

    Is there an 'out' we can use? Sign a release to put on file, anything? Of course the employer is worried about lawsuits from us later, and government fines too I suppose.

    I've searched exhaustively on line to find the actual law, I find 10,000 references, discussions, etc but not the law itself. Ugh.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: 2009 Law Re Forced Lunch After 5 Hours Work

    Your employer is acting within the law. And they, not you, are the ones who will be fined if they do not.

    http://www.dol.gov/esa/whd/state/meal.htm

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