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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12476
Experience:  Significant experience in all areas of employment law.
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DO EMPLOYERS HAVE TO GIVE SALARIED EMPLOYEES TIME FOR LUNCH,

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DO EMPLOYERS HAVE TO GIVE SALARIED EMPLOYEES TIME FOR LUNCH, OR ANY OTHER BREAKS
Hello and thank you for entrusting me to answer your question.

Labor Code 512 provides that "an employee" shall not work for a period of more than five hours per day without receiving a meal period of at least thirty minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee.

The California Labor Code does not exclude any class of employee from the definition of "an employee," and so the right to lunch breaks applies equally to salaried employees.

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.

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

Very best wishes and happy holidays to you.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

ARE THERE ANY TIME LIMITS AS FAR AS A CLASS ACTION SUIT AGAINST THIS EMPLOYER FOR PAST LABOR ISSUES.

Craig,

Thank you very much for your reply. Ordinarily, claims for unpaid wages and missed lunches must be brought within 3 years from the date of the occurence, although this limitations period can be extended to 4 years under certain limited circumstances.

If you have been denied lunches, you would be entitled to a penalty in the amount of one hour's pay for each day a lunch was not provided. An individual in your circumstance would be very wise to file a claim with the Department of Labor Standards Enforcement, who will investigate your claim and issue a judgment in your favor if it finds cause to do so.

To file a wage claim with the DLSE, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

Again, I sincerely XXXXX XXXXX this information helps you and I wish you the best. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Kindest regards.

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