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Old 05-20-2010, 12:09 PM
 
1 posts, read 31,263 times
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Can I get written up or fired for not taking my lunch EXACTLY after working 5 hours? My boss is really hung up right now on going to lunch no later than 5 hours of working. We all have our scheduled lunches and no one goes 6 or 7 hours after starting work. He's harping on going a little late to lunch or 5 1/2 hours. Can we get written up or fired for that??
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Old 05-20-2010, 01:13 PM
 
Location: Southern California
1,839 posts, read 1,778,232 times
Reputation: 214
Quote:
Originally Posted by ahappystamper View Post
Can I get written up or fired for not taking my lunch EXACTLY after working 5 hours? My boss is really hung up right now on going to lunch no later than 5 hours of working. We all have our scheduled lunches and no one goes 6 or 7 hours after starting work. He's harping on going a little late to lunch or 5 1/2 hours. Can we get written up or fired for that??
The reason he wants you to go to lunch is because after 5 hours employers have to pay you an hour's worth of meal time, this is on top of your regular hourly pay... but you can ask that it be waived if you work past 5 hours... best to get it straightened out and not rock the boat.
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Old 03-25-2012, 05:46 PM
 
1 posts, read 30,533 times
Reputation: 13
I worked just over 5 hours before clocking out for lunch. A meal premium for 1 hours pay was auto added to my hours by our time tracking system. However, I noticed my manager altered the time I clocked out so that It showed I clocked out before 5 hours, thus eliminating the 1 hour they should have payed me. Is what he did illegal??
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Old 03-25-2012, 06:51 PM
 
6,284 posts, read 6,668,880 times
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Actually it's illegal for them to hide th fact that you did not clock out before the five hours. It's a state law requiring you to take a lunch break before the fifth hour, unless your total hours worked for the days is no more than six hours. If the employee gets to choose the time they take a lunch, it's their responsibility to clock out within the five hours. Some companies will have employees sign a document proving you understand the five hour rule.

The company can be fined for the violation of the five hour rule. Employees do get written up for such violations.
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Old 03-25-2012, 09:26 PM
 
Location: SoCal, Idaho
3,162 posts, read 8,627,506 times
Reputation: 1636
Quote:
Originally Posted by ahappystamper View Post
Can I get written up or fired for not taking my lunch EXACTLY after working 5 hours? My boss is really hung up right now on going to lunch no later than 5 hours of working. We all have our scheduled lunches and no one goes 6 or 7 hours after starting work. He's harping on going a little late to lunch or 5 1/2 hours. Can we get written up or fired for that??
Yes. If you are not sticking to your assigned schedule, you can easily be written up or fired for insubordination, however silly it may seem to you.

In CA (and most of the rest of the US), labor laws are very strict and typically favor the employee. State law requires that your employer dismiss you for [at least] a 30 minute lunch break after working 5 hours. This is regardless of if the employee wants to or not.

Quote:
(A) No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day’s work the meal period may be waived by mutual consent of the employer and the employee. Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an "on duty" meal period and counted as time worked. 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 parties an on-the-job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time.
California Code of Regulations, Title 8, Section 11040. Order Regulating Wages, Hours, and Working Conditions in Professional, Technical, Clerical, Mechanical, and Similar Occupations.


Your boss is protecting himself and the company. And the State law is protecting you. Best to follow your schedule.
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Old 03-25-2012, 10:09 PM
 
Location: San Diego
35,132 posts, read 32,118,924 times
Reputation: 19663
Quote:
Originally Posted by blink73 View Post
I worked just over 5 hours before clocking out for lunch. A meal premium for 1 hours pay was auto added to my hours by our time tracking system. However, I noticed my manager altered the time I clocked out so that It showed I clocked out before 5 hours, thus eliminating the 1 hour they should have payed me. Is what he did illegal??
Trying to sneak in OT will get you canned in a hurry and you won't have an excuse for UE in many cases.
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Old 03-25-2012, 11:06 PM
 
Location: Los Angeles County, CA
29,124 posts, read 22,019,148 times
Reputation: 6128
Quote:
Originally Posted by 1200RT View Post
Yes. If you are not sticking to your assigned schedule, you can easily be written up or fired for insubordination, however silly it may seem to you.

In CA (and most of the rest of the US), labor laws are very strict and typically favor the employee. State law requires that your employer dismiss you for [at least] a 30 minute lunch break after working 5 hours. This is regardless of if the employee wants to or not.


California Code of Regulations, Title 8, Section 11040. Order Regulating Wages, Hours, and Working Conditions in Professional, Technical, Clerical, Mechanical, and Similar Occupations.


Your boss is protecting himself and the company. And the State law is protecting you. Best to follow your schedule.
Explain to me how the state law is "protecting" someone who doesn't want a break? I would rather work straight through and clock out early than take a lunch break.
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Old 03-25-2012, 11:35 PM
 
Location: SoCal, Idaho
3,162 posts, read 8,627,506 times
Reputation: 1636
Quote:
Originally Posted by Harrier View Post
Explain to me how the state law is "protecting" someone who doesn't want a break? I would rather work straight through and clock out early than take a lunch break.
I, as an employer, would rather have you work 15 hours without a break, without pay - thus state employment laws.

State Law protects employees from being forced to work through a lunch period and allows employees to 'opt out' at the employer's discretion.
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Old 03-26-2012, 08:25 AM
 
1,378 posts, read 3,695,301 times
Reputation: 1740
Where I work we work straight through without a lunch break. Then when we input our time online, we add an extra 30 minutes to make it look like we took a lunch. So if we work from 5:00-12:00, we enter 12:30 as our clock out time, with a 30 minute unpaid lunch.
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Old 03-26-2012, 01:09 PM
 
996 posts, read 1,389,736 times
Reputation: 1136
Quote:
Originally Posted by LongtimeBravesFan View Post
Where I work we work straight through without a lunch break. Then when we input our time online, we add an extra 30 minutes to make it look like we took a lunch. So if we work from 5:00-12:00, we enter 12:30 as our clock out time, with a 30 minute unpaid lunch.
Why would you do that? Why not take a break?
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