Is this legal?

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Is this legal?

Im told to be at the company yard at 7am
daily. Once I get there I have to load
equipment, but they dont start my time
on clock until we get to the job site.
Secondly they take 30 minutes out of our
time for a meal break but dont give it
to us.

Asked on January 15, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can file a complaint with your state or federal department of labor. The law is clear that:
1) Hourly employees must be paid for all time they work;
2) Reporting for work and loading equipment is paid work time;
3) The only lunch breach you don't have to pay employees for is one where they do not have to work during lunch--if employees don't actually get time off, you must pay them.
You may be entitled a signficant amount of back pay and (when working more than 40 hours in a week) overtime.


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