CA HR experts..

[WilmywoodNCparalegal]

can an employer in CA force you to take a lunch hour even if you do not want to (salaried employee)? Also, if I have to leave an hour early and I'm willing to work through lunch, can the employer force me to still take lunch and take the hour out of my accrued vacation?

Thanks in advance.

[Bayard]

1. Call your local Labor Board

[mulsh]

2. The quick answer is yes. It's been a long time since I was in Mgt or even a shop steward so I

went to CA Division of Labor Standards here's a link and some answers.

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

After years of grappling with this issue from both labor and management sides I believe the reason the answer is yes is that most employers don't take the time to understand the regs they just require every one to take lunch breaks in order to avoid violating the regulations,

[haele]

3. Salary exempt or non-exempt?

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

In general -

In California, 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 thirty 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.

(Note, it's mutual consent)

However, section 6 covers the "Want to work through lunch to get time off early" question - the answer is "no".

No, working through your meal period does not entitle you to leave work early prior to your scheduled quitting time. In order for an "on duty" meal period to be permitted under the Industrial Welfare Commission Wage Orders, the nature of the work must actually prevent the employee from being relieved of all duty, and there must be a written agreement that an on-the-job paid meal period is agreed to. Additionally, the written agreement must also state that the employee may, in writing, revoke the agreement at any time.

Sorry, I try to sneak out of a lunch break also, but I still have to make at least a 15 minute break in the middle of the day. I'm Salary non-exempt, so I fall under the dlse.

If you're salary exempt your lunches are per whatever written agreement you have with your employer. And if you're a true independent contractor, (as opposed to a full time "independent contractor" your employer hires to get around paying SSI, unemployment, or benefits) you pretty much make your own rules as to when you're going to take lunch or not.

Haele