Compensation for missed meal breaks.

My job requires that I, and all others in my department, work through their lunch breaks. It's an 8 hour shift with no breaks. I understand that CA Assembly Bill AB 2509 requires an employer to pay 1 hour of regualr pay for every work day worked with no meal break. Did this bill pass? Is this
California law now? It may have taken affect Jan 1 2001. Where can I find more info on this law? Thanks.

4 answers  |  asked Mar 19, 2002 6:39 PM [EST]  |  applies to California

Answers (4)

Harvey Berger
Meal Breaks

As (almost) always, Janet is correct. If you are in San Diego, you may call Pope & Berger at 619-595-1365.
A claim could be brought by one or several individuals, or onn a class action basis, if sufficient number of employees are involved.

posted by Harvey Berger  |  Mar 19, 2002 7:27 PM [EST]
Janet M. Koehn
oops again!

i miscalculated the shift. your shift would be 8-4:30 with an unpaid half-hour for lunch, and would still be entitled to eight hours' pay.
janet koehn
805-658-0655

posted by Janet M. Koehn  |  Mar 19, 2002 7:24 PM [EST]
Janet M. Koehn
oops!

posted by Janet M. Koehn  |  Mar 19, 2002 7:21 PM [EST]
Janet M. Koehn
misunderstanding

the new law does not require that you be paid for your lunch. it requires that you be given a 30-minute meal break during your shift if you work more than six hours. it need not be a paid break. you must be relieved of all duties during that 30-minutes. so if for example, you work from 8 to 5:30, you would get a 30 minute break from 12 to 12:30 and still be paid for 8 hours. you must be relieved of all duties during your meal break (with very limited exceptions). you also are entitled to a ten-minute, paid rest break, for each four hours you work, as long as you work more than five hours. again, you must be relieved of all duties during your breaks.
you can read about the law at the dept. of labor standards enforcement's website, www.dir.ca.gov.
if your employer is not giving you the breaks the law requires, you should talk to an attorney experienced in employment law as soon as possible.
if you are in southern california, please call me for an appointment
janet koehn
805-658-0655

posted by Janet M. Koehn  |  Mar 19, 2002 7:18 PM [EST]

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