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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11035
Experience:  Significant experience in all areas of employment law.
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Customer Question

If an employee is requesting to work an alternate shift of straight eight hours can the employer deny them based on FLSA requiring the employer to give the employee a lunch period?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 4 years ago.

LegalPro54 :

Hello and thank you for entrusting me to answer your question.

LegalPro54 :

Labor Code 512 governs employee meal periods. That section states in relevant part:
"(a) An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee."

LegalPro54 :

This code section makes it clear that an employer HAS to provide a meal period if the employee's shift is longer than 6 hours.

LegalPro54 :

It doesn't even matter if the employee waives the meal period, the employer can still be sued for failing to provide it.

LegalPro54 :

Does this adequately answer your question? My goal is that you are absolutely satisfied with my response, so if you have any additional questions or concerns please let me know.

Expert:  Patrick, Esq. replied 4 years ago.
I should also add that there are certain exemptions to the meal period requirement for employees in the wholesale baking industry, motion picture industry, certain commercial drivers, and construction workers, to name a few. To read all of the exemptions to the meal period requirement, please refer to the text of Labor Code 512, which you can find here:

Again, my number one goal is that you are satisfied with my answer. If you are, I would greatly appreciate your "accept." If you still require further clarification, I am happy to continue assisting you.

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