I have been working for my employer for 16 mos and never got time off for lunch. I worked 7 to 8hrs each day and never got time off for lunch. is there anything I can do ?
Several things you can do: ask your employer for 30 minutes off (the clock) for lunch, go to HR and ask why you are not receiving a meal period of 30 minutes off duty and off the clock, double check your paystub to ensure you are not being docked 30 minutes for the "meal period" you did not take, but that your employer is required to provide. California Labor Code section 512(a) reads, "An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee." Put any conversations you have with management or HR in writing. You should also consider filing a wage claim for missed meal periods with the Labor Commissioner or with the help of an employment lawyer well-versed in wage/hour matters. Good luck to you.
Lesly J. Adams has been licensed to practice law in California since 2010. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.
If you are a nonexempt employee, your employer must provide you with the "opportunity" to take a 30 minute unpaid duty free meal period and two paid ten minute breaks. You are nonexempt unless your duties fall into one of four categories: Professional, executive, administrative and some computer software personnel AND you earn at least double minimum wag. If you don't know if you are exempt or nonexempt, call an employment law attorney to discuss your duties. If you are nonexempt and you have not been given the "opportunity" (they don't have to tell you to take a meal period or make sure you do) to take a meal period, you can get one hour of pay per day that occurred. An employment law attorney can go back 4 years to collect what is owed to a nonexempt employee who was not given the opportunity to take meal breaks. Find contact info on Avvo.com.
What is your job title? That would determine whether or not you are entitled to meal periods.
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