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In the state of CA. If I go over my 5th hr and take my lunch an hour later.?

I go to lunch after correcting my time slip before the 5th hr in order for the company not to get fined. Can this count as time fraud? Time cars shows 30 min lunch and cameras would show I took the 30min. Technically fraud to me is gaining some sort financial gain.

1 Answer

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  • Anonymous
    4 years ago

    Labor laws are in place to avoid exploitation of the employees.

    In general I do not believe there is any law that states you must take your lunch break at any specific time. Just that if you work 5 or more hours you are required to have one. But you also have the option if you and your boss agree to forego the meal period if you do not work over 6 hours. In some cases you can even agree to have an "on-duty" meal period that is paid. There may be exceptions to this in terms of safety requirements where you are required to take breaks at certain intervals.

    If you and your boss have a mutual agreement of taking a later meal break there really isn't an issue and I am not sure if the whole "time card fixing" is even needed. However, if your boss is "forcing" this on you then there may be a problem. But if you are changing your time cards and not actually taking lunch when you state that is fraud as you are not reporting your time accurately and in many cases grounds for instant termination per most companies policies.

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