When Employers are Out to Lunch

12:40 pm Uncategorized

california state flag e1306784573146 When Employers are Out to Lunch  California labor law requires: “If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the meal period is not provided” (California Code of Regulations, Title 8, §11040).

Employees who are routinely made to work during lunch and/or rest breaks can sue for violations of California’s labor law that requires a 30-minute break for a five-hour workday and two 30-minute breaks for a 10-hour workday.

In California, employees can go back as much as three years to seek compensation. In Murphy v. Kenneth Cole Productions, Inc., the California Supreme Court held that payments made for violations of meal breaks are considered wages and are subject to the three-year statute of limitations for wages.

While the Murphy decision held that meal premiums could go back for three years, California employees may be able to go back a total of four years under unfair competition statutes.

Contact our Orange County business planning law firm to ensure your business is not out to lunch with it comes to California labor law.

Contact us today for individualized planning strategies to meet your unique needs.

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