Meal breaks to avoid OT

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Meal breaks to avoid OT

To avoid overtime they are making me
take a hour lunch break and shortly
after take another 30 min lunch is this
legal

Asked on November 22, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your employer sets the hours you work--and do not work--and may adjust hours to avoid overtime. They may legally start you late, send you home early, or have you not work (e.g. take "lunch") midday. As long as you are not in fact working during that break (if you are working, you must be paid, including overtime as applicable, even if it is called a "break" or "lunch"), this is legal.


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