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I am a relatively new employer in LA, a small doctors office…

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I am a relatively new...
I am a relatively new employer in LA, a small doctor's office with 2 employees and a very easy paced schedule. I do not close for lunch. Since I see patients privately for 20-30 min sessions at a time, my employees have plenty of opportunity for bathroom breaks, etc. and I ask that they take any breaks they need, including paid 1/2 hour for lunch, whenever they choose, so long as one employee is always present at all times.
Since they get 1/2 hour lunch paid, they do not clock out for lunch, so there are no documented break times or lunch times....

Is this verbal agreement sufficient? Should they sign something saying that it is their responsibility to take the 1/2 hour lunch each day that no one will tell them to do so?
Submitted: 8 years ago.Category: Employment Law
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Answered in 7 minutes by:
6/23/2010
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,624
Experience: Employment/Labor Law Litigation
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For your protection, you need to have them document when they take their 1/2 lunch break, regardless of whether or not it is paid.

The reason is that California requires a lunch period during the day and you do not want to have no documentation showing that they are taking these breaks. A written agreement is helpful, but it doesn't maintain the daily type of record that you would need if these employees decided to claim that they never a get a lunch break or they get one well beyond the time period that they are supposed to.

See here.
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