Do you have to take a lunch if you work 8 hours a day?
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Do you have to take a lunch if you work 8 hours a day?
Asked on February 9, 2016 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
In CA, an employer may not employ an employee for a work period of more than 5 hours per day without providing the employee with a meal period of not less than 30 minutes. Unless the employee is relieved of all duty during thir 30 minute meal period, the period shall be considered an "on duty" break that is counted as hours worked so must be compensated at the employee's regular rate of pay. That having been said, an on duty meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when, by written agreement between the employer and employee, such an on-the-job paid meal period is ageed to (the agreement must state that the employee may give writen revocation at any time).
Here is a link to a site that will explain further:
http://www.dir.ca.gov/dlse/faq_mealperiods.htm
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