Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Is your employee an hourly and salary employee - makes a difference. But contrary to the experience of the person above, I know lots of office/white collar staff who work through lunch - for example literally every teacher or school employee I have ever known in my life....
It cannot be waived. It is mandatory. And even if you agree to it and the employee agrees to it - he can later sue you for it if he can prove he never clocked out.
My bad. I just read it again. The 2nd meal break can be waived. Thanks.
we had one guy, he eat lunch at 11:30, thats fine, I eat at 11:00 to beat the crowd. but he claimed that the work employee manual that lunch was 12;00 to 12:30, he figured that since he was back from lunch at 12:00 and he was working, he should get paid for lunch. 2 1/2 hours overtime a week, even though he ate at 11:30
boss had to come out and say, 30 minutes will be deducted from time, whether you eat or not.
Hope we have HR people here. One of my employee wants to work 8 hours straight with no meal break, so to leave early. Putting aside whether the company wants to grant it or not, is the company even allowed by law to grant it?
Based on my research online, under the California Labor Code, employees who work more than five (5) hours in a day are entitled to a thirty (30) minute meal break. Employees who are working more than ten (10) hours in a day must also be given a second thirty (30) minute meal break.
I can't find any reference on whether employees have the right to refuse meal time...
Most employers don't pay for half an hour for meal break.
At my workplace, not to count those in the management, everyone is entitled to a 15-minute break (with pay) for every four hours. Thus, if you work an 8-hour shift, you are supposed to have two 15-minute breaks and one 30-minute meal break. In nursing, for HCAs, they get pay for 7.5 hours each day for an 8-hour shift. Staff nurses get 7.75 hours because they have to stay extra 15 minutes to give reports to the next shift. Office workers, except the salary ones, get 7.5 hours each day also.
Most office workers prefer to take one hour break all together, so they can either go out for lunch or for their appointment near by. Everybody must take their break(s) and not to go home early, unless they have appointment close to the end of their shift sometimes, but not every day.
Not to mention about labour law that employers must offer employees to have 30-minute meal break and other breaks like in the Union, I think it is not right that some employees work straight the whole day and go home early everyday because if or when they go home early, and there's some kind of urgent/sudden work happens for those workers, then who will take care of the work? It's not fair for their co-workers who stay back have to do it.
I used to do this in California in the 90s. I didn't take the 30-minute break on my 6 hour shift so I worked a straight 5.5 hours and left. Manager or co-worker clocked me out.
So the employee wants to take their break, just at the end of the day rather than in the middle of it. They're not asking to skip it outright. Does the law address *when* the break must be? If not, this sounds more like a matter of company policy.
From my perspective as manager, even if the law allows, I will have to evaluate whether working 8 hour straight will affect the staff's ability to work in the final hours. For certain energy-consuming jobs, I can see productivity goes down exponentially in the final hours if the staff does not take a meal break.
From my perspective as manager, even if the law allows, I will have to evaluate whether working 8 hour straight will affect the staff's ability to work in the final hours. For certain energy-consuming jobs, I can see productivity goes down exponentially in the final hours if the staff does not take a meal break.
You are also leaving yourself open to other special treatment requests be it from this particular employee or others.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
