|
Q.What am I entitled to if my employer doesn't allow me to take lunch?
A.Labor Code Section 226.7 provides that if the employer fails to provide the required 30-minute meal period to any employee who works 6 or more hours a day, the employee is entitled to one additional hour of regular pay for each day the employee worked at least 6 hours and the meal period was not provided. The additional hour is not counted as hours worked for overtime calculation purposes. If your employer fails to pay the additional one-hour's pay, you may file a wage claim with the Division of Labor Standards Enforcement (DLSE) also known as the Labor Commissioner.
It should be noted that on October 22, 2008, the California Supreme Court granted review in Brinker Restaurant Corp. v. Superior Court, and will decide whether the employer must either: (1) provide its employees with the opportunity to take meal and rest breaks, or (2) require and ensure their employees take their meal and rest breaks.
If you would like assistance with filing a California wage claim with either the California Labor Commissioner or a California Small Claims Court, call 818-849-5206 or email Melissa C. Marsh, Esq. to speak with a licensed California attorney. Mention this article and receive a 30-minute consultation for just $99.
|
