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California lunch break law?
I know that in California your employer is required to offer you a lunch break if you work 6 hours or more. My question is, is the employee required by law to take the offered lunch break? If so, what statute says the employee shall take that break?
Thanks, wizjp! I also saw that site and looked up the statute cited. It does not say whether or not the employee must take the break. This is an ongoing argument between myself (I used to be a restaurant manager) and a coworker (she used to be in human resources). I say the break must be offered but it doesn't have to be taken. She says it must be taken.
1 Answer
- wizjpLv 710 years agoFavorite Answer
Pretty much he is
As you can see, the law is fairly protective of an employee's right to take meal breaks and eliminates the illegal practices of having the employee "waive" the meal break or having the employee take the break at the beginning or end of the shift. The law provides the only circumstances where the meal period can be waived by the employee -- when the total work day is only 6 hours, and subject to a written agreement where the job does not permit a meal break.
The author here is pretty clear when he says
"The law provides the only circumstances where the meal period can be waived by the employee -- when the total work day is only 6 hours, and subject to a written agreement where the job does not permit a meal break."
You have to take it IMHO. I'd take the lawyer's interpretation of the law first.
Source(s): http://www.gotmealbreaks.com/
