What to do if recently my boss changed our store hours to only have one person working per shift and because of this I am unable to take a lunch?

He says that I can just eat behind the counter but I don’t think thats right because I still have to attend whoever comes to purchase things. Is that legal?

Asked on September 19, 2012 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, it is legal. In a business as small as the one you describe, the employer is free to have only person on per shift, which may mean that the person cannot take a lunch break. The good news is that if you do not get an actual lunch break, during which you do not work and may leave the premises, you have to bw paid while eating--that is, a working  "lunch" eaten at the counter or desk is still work, and you are paid for it.

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