To clarify, they would come back to work after their 2 PM lunch. I clocked out late for lunch twice this week and will be docked 2 hours pay on this paycheck. I don’t know the exact ins-and-outs of what you’re asking as it pertains to COVID, but generally speaking… your employer directs your time/schedule and if they schedule you to come in you should be eligible for reporting time pay. 8, §§ 11010⁠–⁠11150, subds. So I never received a 10 min break as well. (I’m just a random guy from the Internet, btw. I don’t know enough about this, but look in to “SB 878 Fair Scheduling Act”. Most non-exempt employees in California are entitled to one day of rest in seven, but there has been some confusion among employers in how that seven-day period should be measured. See Eugene’s recent comment: https://calaborlaw.com/california-meal-break-law-for-employees/comment-page-22/#comment-12082. The name is a “meal penalty” so it may seem like that, but by law it should be that they pay you an extra hour for working past the 5th hour. Is this legal? In: 12pm (paid 10 min rest break at 1pm?) ⁠3 The number of breaks depends on the length of the employee’s shift. 11(B).↥, Labor Code, § 226.7, subd. I start work at 6:30 am first break is at 9:30 am lunch is at 12pm and last break is at 2:30 pm never singed a waiver and I work on saturdays 5hours with only one 15 minute break at start at 6:30 break at 9:30 and end at 12pm sometimes I work 11.5 hours with only one lunch break and no waivers singed . Is that a 5 hour lunch violation? Is it okay to approve these type of requests occasionally? (11)(B), (12)(B).↥, Labor Code, § 226.7, subd. Thus, employees must be free to do as they please during their uninterrupted rest periods. This is a new policy and it doesn’t seem right. Let’s say 12–6:45 or later. 5 years ago they changed the rules and I was required to clock in and clock out. 8, §§ 11010⁠–⁠11150, subd. I informed HR of lunches I clocked out on but continued to work for almost 3 months . For meal and rest break violations, the filing deadline is usually considered to be 3 years thanks to a recent California Supreme Court decision. Would I be able to file a lawsuit? are theise considered infractions per each break not taken on time??? Then you would do no work until you returned to punch in at which point in time you would begin to earn pay again. Anyone have any links to the actual law which states that an employer in California can not make you take your 30 min lunch 1 hr into your 8.5 hr shift? 12(B) [“If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the rest period is not provided.”].↥, Labor Code, § 226.7, subd. My employer docks me one hour pay if I clock out late for lunch, meaning I clock out for my meal after my 5th hour of work. Are you sure? 12(A) [“The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof.”].↥, Cal. Do we need them to sign a waiver of some kind? Is it legal for them to tell you to take a early lunch ? When we were hired our schedule is Monday thru Fri with weekends off. But what if you’re not near the 5 hour max, like in your case? They stated they would issue a payment to me this was back in Feb 2020 it is now July and I have made several attempts to find out the status of this but they keep saying they are working on it . There are also other scenarios where workers are entitled to overtime in California. This case delves into what that means. (a); Cal. (a) [“An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee.”].↥, See, e.g., Cal. I wonder if any 30 minute unpaid break resets the 5 hour clock. You can ask them for an hour of rest break penalty pay. Ct. 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