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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1845
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I am an hourly employee working full-time, 8 hours per day.

Resolved Question:

I am an hourly employee working full-time, 8 hours per day. My employer schedules site visits out of the office and requires me to attend. My employer considers it my lunch break because I am out of the office. I contend that I'm not getting a lunch break because we are doing work related activities. My employer won't pay overtime.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Brandon, Esq. :

Hello, my name is XXXXX XXXXX it will be my pleasure to assist you today. My goal is to provide you with excellent service. Are you online with me today?

Brandon, Esq. :

First, let me say that I am terribly sorry to hear that you are in this situation. It is a shame when an employer makes a decision without legitimacy, especially when that decision is quite frankly wrong. Your employer is required to pay you for all hours worked or at the discretion of the employer. This means that you are entitled to be paid for all time where you are under the direction and control of your employer.

Brandon, Esq. :

Welcome to the chat.

Customer:

yes

Brandon, Esq. :

The good news is that there is a relatively easy fix to your problem.

Customer:

thank you

Customer:

good!

Brandon, Esq. :

All you need to do is file an unpaid wage claim for all of these lunches here:

Brandon, Esq. :

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

Brandon, Esq. :

They will do an investigation and make sure you get paid.

Brandon, Esq. :

However, if you would prefer to go to court, and make sure to get paid the amount you are owed, as well as additional money, that is entirely within your right.

Brandon, Esq. :

If you do that, however, you should consider getting an attorney involved.

Brandon, Esq. :

If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.

Customer:

So even though we are "out of the office" it is still considered work

Brandon, Esq. :

As long as it is for the benefit of the employer yes. An employer MUST allow you to do whatever you want during your lunch break if they want it to be unpaid.

Customer:

Is there a specific statement in employment law that states that?

Brandon, Esq. :

More about your rights concerning this can be found here:

Brandon, Esq. :

http://www.dir.ca.gov/dlse/faq_mealperiods.htm

Brandon, Esq. :

Unless the employee is relieved of all duty during his or her thirty minute meal period, the meal period shall be considered an "on duty" meal period that is counted as hours worked which must be compensated at the employee's regular rate of pay.

Customer:

Thank you!

Brandon, Esq. :

Not a problem. Does this fully answer your question?

Customer:

Yes, thank you for the prompt response!

Brandon, Esq. :

Not a problem. It is a shame when an employer tries to take advantage of their employees, and I am always happy to get people pointed in the right direction. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Brandon, Esq. :

If you ever need to ask for me again, please feel free to do so here:

Brandon, Esq. :

http://www.justanswer.com/law/expert-accident-expert/

Customer:

Thank you , I will.

Brandon, Esq. :

Have a wonderful rest of your day.

Brandon, Esq., Lawyer
Satisfied Customers: 1845
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and other California Employment Law Specialists are ready to help you

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Brandon, Esq.
Brandon, Esq.
Senior Counsel
334 Satisfied Customers
Has received a certificate of recognition from the California State Senate for his outstanding legal service.