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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7140
Experience:  Significant experience in all areas of employment law.
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You replied me a question regarding to employees lunch break.

Resolved Question:

You replied me a question regarding to employee's lunch break. And you mentioned there is agreement between employee and employer that allows employer to pay employee regular pay for a on-duty meal. I would like to have one of this kind of agreement for my front desk employee, because we usually have one person at front desk and if he/she take a break, nobody can be his/her back up. Are you willing to compose this agreement for us? how much you charge? here is the link to your answer to my question. For your reference. http://www.justanswer.com/ca-employment-law/6pqzo-economic-hotel-owner-california-employees.html
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Good to hear from you again. Thank you very much for requesting me to answer your queston.

Please understand that here on Just Answer we cannot draft legal documents for you, as that might be construed as "legal advice" which is in violation of the terms of service of this website.

The above noted, I can tell you that a lunch waiver agreement would typically include clauses to the following effect:

- "I understand that under California Labor Law, after a work period of 5 hours, I am entitled to receive an unpaid meal break of not less than 30 minutes during which I am relieved of all duties."

- "I agree to voluntarily waive my 30-minute unpaid meal break only when the nature of my work prevents me from being relieved of all duty."

- "I understand that if the nature of my work does not prevent me from being relieved of all duty, I am required to take an unpaid meal break of at least 30 minutes."

- "I understand that I may revoke this agreement at any time."

Again, please understand that I cannot "draft" documents for you. The clauses above are intended only to be examples of clauses that would typically comprise the sort of agreement you are requesting.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 7140
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 2 other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.


I regret JustAnswer has this kind of policy not allow to establish a client-lawyer relationship. But anyway, I am happy I obtianed what I need, I will make agreement by myself. Thank you very much. Greatly appreciate.

Customer: replied 2 years ago.

Dear Sir,


 


One more question: Because we have allowed our front desk employee to do "on-duty meal" when there is no backup person since I took over this hotel, so, can I make this agreement be effective since then? if yes, how do I write this term on agreement? If no, what should I do to avoid my employee file in a claim for past "On-duty Meal"? Thank you very much.

Expert:  Patrick, Esq. replied 2 years ago.
Leo,

Thank you so much for your reply. Regrettably, an employer cannot make this sort of agreement retroactive. While I wish I could tell you there was some sort of way to eliminate your exposure here, there unfortunately is not. However, if the employee was paid for the work they completed during their meal period and your only failure was to obtain a signed waiver, the "damages" they could potentially claim in this circumstance are quite minimal.

All the best to you moving forward.
Patrick, Esq., Lawyer
Satisfied Customers: 7140
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 2 other California Employment Law Specialists are ready to help you

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