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Patrick, Esq.
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Category: California Employment Law
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I sometimes are scheduled 10am-7pm with a paid lunch break

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I sometimes are scheduled 10am-7pm with a paid lunch break due to working by myself. Actual hours worked 9 but I get paid for 10. I stay below 40 hours for the week. I do not get paid overtime for the 10am-7pm shift, is this correct? California boutique
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to answer your question.

Are you doing any work during your lunch break? Are you restricted to staying at your desk or station or otherwise on the employer's premises?

I very much look forward to assisting you regarding this matter.
Customer: replied 2 years ago.

Yes, I work during lunch break. Actually because I work by myself and we do not want to close the door I get paid for not having a lunch break. (I can eat but not leave the store)


 


It was explained to me that normally I would get a 1/2 hour lunch break if I work 10am-7pm but sometimes I work by myself all day so I get paid an extra hour instead of getting 1/2 lunch break.


 


Do I get overtime for going over 8 hours for the day but not over 40 for the week?

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

In California, a non-overtime-exempt employee is entitled to overtime for all hours worked in excees of 8 per day OR 40 per week. Thus, even if you do not work more than 40 hours in a given week, you will be entitled to overtime on any day that you work more than 8 hours.

With regard to paid lunch breaks, that time will count as "hours worked" provided you remain under the control of your employer. If it were simply a paid lunch on paper but was not time you actually spent working, it would not be factored into any overtime calculation.

Since you state that you are made to work on your lunches and you can't leave the store, that time would certainly constitute hours worked, and as such should be included in any calculation for overtime.

If you are not being paid overtime for all hours worked in excess of 8 per day, you can file a complaint with the Department of Labor Standards Enforcement. To file a wage claim with the DLSE, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

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: 7652
Experience: Significant experience in all areas of employment law.
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Patrick, Esq.
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