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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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for an hourly employee, is an hour lunch break mandatory?

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for an hourly employee, is an hour lunch break mandatory?

No, an hourly employee is entitled to a half-hour lunch period, during which the employee must be relieved of all duties. If the employee has to work through his or her lunch period, he or she is entitled to an hour's wages for having to work through his or her lunch period.
Customer: replied 5 years ago.
where would i find this in the law? is there a code section? thank you Joseph.
Yes, California Labor Code Section 226.7, which you can find here:
Customer: replied 5 years ago.

Thank you Joseph.

What are the most important things to remember in having an hourly wage employee in regards XXXXX XXXXX time, overtime wage?

Also, what about a salary employee. Is the employer required to give mandatory lunch break and break time?

I basically need a general guideline in hiring the above two types of employees. What does a smart employer do to avoid potential liabilities re. wage and hours. Where can I find more information about it? Your input will be much appreciated.

The most important thing is to have them clock in and out for their meal breaks, and ensure that they have a meal break of at least a half-an-hour during which they are relieved of all their duties.

Also, ensure to pay overtime wages for all hours worked in excess of 8 during a day or 12 during a week.

Salaried employees who are 'exempt' need not be given lunch breaks and rest breaks.

Customer: replied 5 years ago.

What about breaks in between besides meal breaks? Is this mandatory for an hourly employee?

Also, I get the overtime wages part in excess of 8 during a day, but what do you mean by "12 during a week"?

Thank you again and sorry to bother.

Yes, during a n 8 hour shift, an hourly employee must receive two 10 minute paid rest breaks, during which they are relieved of all duties.

I meant 8 during a day and 40 during a week. You need to double-time for all hours worked in excess of 12 during a day.

Thank you; best of luck!
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