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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118789
Experience:  20+ Years of Employment Law Experience
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Helllo i am looking for the civil codes pertaining to ca

Customer Question

helllo i am looking for the civil codes pertaining to ca labor laws specifically the code that states employee is owed one hourly rate of pay for missed lunch and 1 hourly rate of pay for missed break
JA: How long is your average work day? Is there a paid rest period in addition to the meal break?
Customer: 10 hour workday, no lunch or no 2nd lunch and no 2 10 min rest breaks
JA: Is the employment "at will," union, full time, or part time?
Customer: full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: i worked for 2 years for enterprise rent a car with never being sent on 2 10 min rest breaks and after becoming an assistant manager there were 247 days consisting of either no lunch at all in a 10-12 hour workday, or no second lunch in a 10-12 workday and late lunches after having been clocked in for more than 6 consecutive hours
Submitted: 2 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
For starters, Labor Code 512 provides for mandatory meal breaks of 30 minutes. See: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=512.
If an employer fails to provide an employee a meal period in accordance with an applicable IWC Order, the employer must pay one additional hour of pay at the employee's regular rate of pay for each workday that the meal period is not provided. IWC Orders and Labor Code Section 226.7 This additional hour is not counted as hours worked for purposes of overtime calculations. Labor Code, § 226.7, subd. (c); Cal. Code of Regs., tit. 8, §§ 11010–11150, subds. (11)(B), (12)(B).
The one hour is per workday, not per missed break.
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