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I wanted to see if my employee is suppose to allow me 30…

I wanted to see...

I wanted to see if my employee is suppose to allow me 30 minutes lunch break without doing anything on the job? And if I clock out for lunch and I still work should I get paid that 30 minutes. I have other concerns also

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

My director tells me I have to take lunch so I clock out but I still got to carry phone and take care of issues

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No union at will...I h

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes in January I was called to HR by my director and spoken to about carpooling. Since then its like everyday I'm called for something. My doctor gave me to weeks out for anxiety and pressure

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Answered in 2 minutes by:
3/15/2018
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 37,272
Experience: More than 30 years in legal practice.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

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Which state?

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Customer reply replied 1 month ago
Ca

Thank you for the additional information.

Under California law (which is much more generous to employees than federal law), if you are a non-exempt worker, you are entitled to meal and rest breaks: a 30-minute meal break if you work more than 5 hours in a workday, and 10 minutes breaks for every 4 hours you work.

  1. If you work over 5 hours in a day, you are entitled to a meal break of at least 30 minutes that must start before the end of the fifth hour of your shift. BUT, you can agree with your boss to waive this meal period provided you do not work more than 6 hours in the workday. You can also agree with your boss to an on-duty meal break which counts as time worked and is paid.
  • If you work over 10 hours in a day, you are entitled to a second meal break of at least 30 minutes that must start before the end of the tenth hour of your shift. You can agree with your boss to waive the second meal break if you do not work more than 12 hours and you did not waive your first meal break.
  • You must be allowed to take your meal break off work premises and spend your break how you wish, since it is off the clock.
  • You cannot be required to work during any required meal break. [Cal. Lab. C. 226.7].
  • As of 2012, your boss has an affirmative obligation to ensure that breaks are made available to you but the actual taking of meal breaks is left to the employee. In other words, you are responsible for “breaking” yourself.

Did you have further questions? Have I answered your question? Please let me know.

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Customer reply replied 1 month ago
Well I work 8 hours a day. And I do clock out for 30 minutes but I am working those 30 minutes. I guess I need to know if I can do anything legally for that and also I feel that since january I have been harassed by my director

You can let them know that they are in violation of CA Labor regs if they force you to work during your off the clock lunch hour.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Ask Your Own Employment Law Question
Customer reply replied 1 month ago
OK thank you

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you for using JA.

Loren

Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 37,272
Experience: More than 30 years in legal practice.
Verified
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Satisfied Customers: 37,272
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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