How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5272
Experience:  Extensive experience representing employees and management
54899578
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

We are considering a particular work arrangement and want to

Resolved Question:

We are considering a particular work arrangement and want to know if what we’re considering we can legally do. We have instituted an alternative workweek (4, 10 hour days). The employees are exciting about this and have all agreed to this alternative schedule, especially because they’ll only be working 9 hours each day but paid for 10 hours. Here’s why:
Their duties are such that they can’t leave their post. We’ve arranged for their two daily breaks to be covered (these are hourly employees), but we need them to work an “on duty” meal break, so they would be working during their “lunch hour”.
We would pay them as follows:
Pay for 8 hours work, plus the 9th hour which is a working lunch; then an additional hour’s pay for the inconvenience, for a total of 10 paid hours of pay per day, 4 days per week.
Can we offer such an arrangement as long as the employees sign an acknowledgement form that they have agreed to this schedule and that they can revoke it (with notice) at any time?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

Unfortunately, employees cannot expilictly agree to waive their lunch periods in exchange for an hour's worth of wages, except in two circumstances, neither of which are met in your altnerative workweek:

1) When an employee’s work period for the day does not
exceed six hours, the meal period may be waived by mutual
consent of both the employer and employee. But neither the
employee nor the employer can be forced to waive the meal
period. For example, if the employee wants to waive the
meal period but the employer does not, then the meal period
cannot be waived.

2) When an employee works more than 10hours per day, the
second meal period may be waived if:
a) the employee works no more than 12 hours that
day
b) the employee and employer agree to waive the
second meal period and
c) the first meal period has not been waived.

However, as long as you pay the employee an hour's worth of wages for working through his or her lunch break, then you are satisfying your obligations under the California Labor Code.
Customer: replied 2 years ago.

In the 1st paragraoh of your answer,your answer is confusing. The employees are "agreeing" and not being forced to waive their lunch period, so we meet the terms of item #1. Secondly, they are working nine hours a day, not over ten, so item #2 doesn't apply.

The paragraph beginning with "however" seems to suggest that as long as we're paying the employee to work through their lunch break, which we are, then we are in compliance with the labor code. Correct?

Expert:  Joseph replied 2 years ago.
Yes, the employees are agreeing to wavie their lunch periods, but they are working more than 6 hours a day, so they cannot explicitly agree to waive their lunch periods.

However, as long as you are compensating the employees for their lunch breaks, yes, you are in accord with the California Labor Code.
Joseph, Lawyer
Satisfied Customers: 5272
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    888
    JD, 17 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    334
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3755
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
 
 
 

Related California Employment Law Questions

Chat Now With A California Employment Lawyer
Joseph
Joseph
Attorney at Law
3763 Satisfied Customers
Extensive experience representing employees and management