Can my employer suspend me for 3 days for not taking my lunch break and then ask me to work the next day and continue my suspension after?

My boss makes my work squedule every week, we receive the squedule and work the hours given. My boss gave me a lot of hours to cover other employees and due to the busy squedule i was given, I did not get to take my lunch breaks. Once my boss saw that i worked a little more than 80 hours, he only paid me for 72 hours. He lets me know that its the law to take my breaks and that i was suspended for 3 days for working too many hours. Then he lets me that I will be suspended tomorrow but I need to work the next 2 days, then after I will continue my suspension days that are left.

Asked on June 13, 2012 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1) You have to be be paid for all hours worked; you should have been paid for 80 hours, including overtime as applicable. You could potentially file a complaint with the department of labor or bring a lawsuit for the 8 unpaid hours, though it's far from clear that doing so is worthwhile.

2) If your employer felt you worked too many hours without authorization, the employer may discipline, suspend, or even fire you.

3) The dates and terms of suspension are up to the employer: they can interrupt a suspension to have you work, then reinstate it.

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