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AnnieRuOK | Lunch Break - California Law - Am I wrong about this? |
Every corporate Job I have had, I had an hour lunch break, naturally. My hours were always one of the following:
8am-4pm - 1 hour lunch
9:30am-5:30pm - 1 hour lunch
9:00am-5:00pm - 1 hour lunch
and currently i am independantly contracted (but am really an employee by definition) for a company and Its been a year of 10-6pm, 1 hour lunch break
This equates to 7 hours of work technically and an hour lunch everyday. It is how its been at all of my corporate, LEGITIMATE jobs
My employer said he JUST noticed now after almost two years, that its wrong, and I should be WORKING 8 hours, PLUS a one hour unpaid lunch...what are my rights here? I am apalled! Technically, I suppose I dont even fall into employee rights because they have me 1099 contractor (for their ow tax benefits)
Any ideas? I fought with him till the death about it last friday...Id like to know if im actually right and what I can do (besides quit lol) |
 |
 
meandnadine
 |
Here's the California law on breaks from this Department of Labor website...
http://www.dol.gov/esa/programs/whd/state/meal.htm#California
California
½ hour, after 5 hours, except when workday will be completed in 6 hours or less and there is mutual employer/employee consent to waive meal period. On-duty meal period counted as time worked and permitted only when nature of work prevents relief from all duties and there is written agreement between parties. Employee may revoke agreement at any time.
The Industrial Welfare Commission may adopt working condition orders permitting a meal period to start after 6 hours of work if the commission determines that the order is consistent with the health and welfare of the affected employees.
½ hour, to not more than 1 hour, after 6 hours, with subsequent meal periods required 6 hours after termination of proceeding meal period. On-duty meal period counted as time worked and permitted only when nature of work prevents relief from all duties and there is written agreement between parties. |
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Landlord
|
As a 1099 you should never be paid for lunch.
Also, there is no law requiring companies to pay their employees for lunch, only that they be provided the break.
You should apologize to the poor man, he broke no laws. |
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williamdp
 |
This is America, you have the right to walk out that door and tell him to Take this job and Shove it. Hey, why dont you just do that, and tell us how it goes later. I have never had a PAID lunch hour, I am an electrical engineer, I am 53. I have worked for several different employeers, my hours are 7 am to 4:30, is my math bad, oh, that is 9 hr days and 4 hrs on Friday. Oh and we only get a 30 min lunch. We are in a small town, so we can run to the store and get a carry out. |
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shelcom
 |
Your boss is right...you should be working 8 hours-there is no entitlement to a paid lunch. You can be appalled all you want...ain't gonna change it.
Employee or contractor makes no difference here. |
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Tomk
|
Well, you can quit. Every place I have worked schedules us for 8 paid hours and 1 unpaid lunch hour. That is the normal schedule that your employer is asking you to work.
Nothing illegal about that. If you don't like the shift, you can always take your talent to another company. |
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toe poe gee gee oh
|
GEt a lawyer. |
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jmsinclair
|
If you're only working 7 hours, you should only be paid for 7 hours...regardless of how much of a lunch break you take. At your "legitimate" jobs, were you salaried? There's a difference there with that. Your boss has done nothing wrong, it sounds like he's been paying you for the work you've been doing and not for the time you've been eating. |
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