It’s been a month since I submitted 1.5yrs.of lunch 1/2hrs I worked through &I still haven’t received payment for it.Plus I was Denied Breaks.

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It’s been a month since I submitted 1.5yrs.of lunch 1/2hrs I worked through &I still haven’t received payment for it.Plus I was Denied Breaks.

My Question is, what do I have to do to make sure I’m compensated for my lunches?Plus what, if anything, can I do about being denied my breaks?If I’m denied my breaks when legally I’m suppose to take 2-15min breaks, can’t I go after all the lunches and say the ones I had taken can be considered 2 breaks and get payed for 1/2hr ea. all days I had worked for?

Asked on June 3, 2009 under Employment Labor Law, California

Answers:

BP, Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The answer to your question will depend upon 1) whether you are an exempt or non-exempt employee and 2) your company's policy on breaks and lunches.  If you are an exempt employee, there isn't an issue as your paid a salary regardless of the number of hours you work.  If you are a non-exempt employee, your company's policy will dictate whether lunches are compensatory.  Depending upon how long you work each day, you should be allowed breaks.  If you aren't, talk to your supervisor and/or Human Resources Department. 


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