I was working from 8am-5pm and i had a1 hour lunch brake.i got paid for 8 hour.is it legal ?
3 attorney answers
Based on the heading of your question, you were scheduled for a nine hour day with a one hour lunch break. If that is accurate, the employer only has to pay you for eight hours worked. The law does not require employers to pay employees during their lunch break, even if it is one hour long.
It is not clear what the basis is for your statement that "every employee supposed to have half an hour paid lunch", is. This is not an accurate statement of the law. If that is company policy, then, you may have a breach of contract issue.
Perhaps further clarification is needed. If, you believe you have been cheated wages for unpaid overtime or meal breaks, file a claim with the California Labor Commissioner.
If you worked for nine hours, had an uninterrupted one hour meal break, and were paid for eight hours, you were properly compensated, and have no claim.
PLEASE NOTE THAT THIS RESPONSE SHOULD NOT BE CONSTRUED AS A LEGAL OPINION OR ADVISE, AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. IN ORDER TO RENDER A LEGAL OPINION OR ADVISE, THE RESPONDING ATTORNEY WOULD NEED FAR MORE INFORMATION THAN HAS BEEN PROVIDED, AND WOULD NEED TO BE RETAINED PURSUANT TO A WRITTEN FEE AGREEMENT.
Rest breaks are paid; should be provided with at least 10 minutes every four hours.
Meal breaks are not paid; need to be provided with at least 30 minutes every 5 hours. Must be off duty, free to leave.