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[curney13]

Okay so this question isn't for me but someone I know. She works 5 hours exactly or less 4 and 1/2 hours and her manager/or maybe supervisor forces her to take a lunch time on the end. She doesn't want to take lunch time because she would rather just go home instead of sit around somewhere and wait 30 min. Her fellow co-workers have the same shift times as she but they get to leave. Whenever she brings the subject up about her not wanting to take the lunch time her supervisor/boss gets extremely rude and pushy and says well that's what we have to do. She doesn't bother to explain or to point out the rules she claims exist.
It is CA in a retail store and my friend is not great with english and Im worried they may be taking advantage of her.
Does my friend have to take these lunch brakes? If not what does she do when the supervisor or boss tells her too and she says no and they still tell her too (I think she fears for her job since they are extremely rude and have made up excuses in the past to fire other employees).
Im trying to find Ca labor laws and from what im reading is if she works over 5hrs then yes by law she has to get a lunch brake but she works 5 hours or under. ANy help will be much appreciated.

[barclay76]

CA state law says that an employee that works 5 consecuitive hours must take a lunch break. It is in fact the law "technically" ...

Some companies dont care but they could get in trouble if they are investigated..

[mads]

It sounds like the employer is taking advantage of her BUT there really is nothing she can do about it because if she does, then they'll fire her. After they fire her, she can file a claim with EEOC but in most cases, they do nothing unless it is an extreme reason for firing and happening to alot of employees. For example, making them work for 10 hrs a day without lunch break AND no OT.

I found this out for you, it might explain more...

California Meal/Lunch Breaks Law Explained
In California, non-exempt Employees (those entitled to overtime) are entitled to one 30 minute uninterrupted meal break after 5 hours of work unless your work day is completed after 6 hours of work. If you are required to work through your meal break (lunch break) or your break is interrupted you must be compensated for this time. If the nature of your job prohibits you from taking an uninterrupted break, you may, by entering into a written agreement with your Employer take “on duty” meal breaks of which you should be paid. Such agreement is revocable by the Employee at anytime and the agreement must contain language to this effect under California Code of Regulations, Title 8, §11040. Most jobs, under California overtime and labor laws, do not qualify for “on duty” meal breaks. It is clear that California labor laws protect the Employee, and do not allow Employers to simply waive meal breaks without a written, revocable agreement with the Employee. If you think your employer may be in violation of California break law, our labor law attorneys are available to review your potential claim.

Employers have commonly attempted to manipulate the California meal break laws by sending Employees home early, for example, after 7 ½ hours of work. This would be a violation since California labor law provides that the Employee must be given a meal break after 5 hours of work. It should also be noted that if you work more than 10 hours you are entitled to two meal breaks (lunch breaks), one after each 5 hours of work. If you do not receive timely meal/lunch breaks or actually receive no meal breaks, you are entitled to one hour of additional pay for each day that you miss your meal break under California labor law. This California break law related to meals is covered by California Labor Code 512. California labor code information can be found on our Resources page.

California Rest Breaks Law Explained
In addition to employee meal breaks, non-exempt California Employees are entitled to a 10 minute break for each 3.5 hours worked. While this break must be paid, the Employer is not required to keep track of these breaks (rest periods) in their timekeeping system, although many Employers do. In the event an Employer does not allow a 10 minute break for each 3.5 hours worked, Employees are entitled to one hour of pay per California labor laws on rest breaks. If you have questions about California meal or rest break laws, our California labor law attorneys are available to answer questions or review your potential wage claim. This California break law related to rest periods is covered by California Labor Code 226.7.

Even with the stringent California labor code guidelines enforced by California laws for meal and rest breaks, this area remains one frequently abused by California employers.