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This sounds like a stupid law. I sometimes take my lunch break later than usual when necessary and I don't live in CA. UTCO94 said "CA is a total nightmare for both employers and employees in this regard." I tend to agree, considering the stupid unions and the hostile business environment in CA.
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.
It's funny that you mention that because I was recently told by my employer that I have to take a lunch before the fifth hour and I keep seeing websites that are saying you have to take it before the end of the 5th hour, or before the start of the 6th hour. That is like implying that you can take it in the fifth hour, but that's not what my employer told me. So it's kinda confusing.
Here are some links that say to take it before the end of the fifth hour. Meal and Rest Breaks - California Chamber of Commerce Division of Labor Standards Enforcement (DLSE)
On an 8 Hour workday in California if I clock out for lunch BEFORE the 6th Hour is that considered LEGAL in the state of California? Of course after my Meal Break I return to complete my 8 hour Day.
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.
Can an employer legally take corrective action against an employee who fails to clock out for lunch before their fifth hour if the employer failed to make it's employees aware of this California law? This happened recently and quite unintentionally after spending three hours with a customer trying to resolve an issue. All we've ever been told is we have to take our lunch breaks before we hit our 5th hour or it's considered an "incident". I've been with this company for many years and was never made aware of this law, that the employer has to pay for the lunch period and they get fined. I only found out after viewing my pay stub and noticed I'd been paid an extra hour for lunch and asked several other employees about it. Now I know.
Can an employer legally take corrective action against an employee who fails to clock out for lunch before their fifth hour if the employer failed to make it's employees aware of this California law? This happened recently and quite unintentionally after spending three hours with a customer trying to resolve an issue. All we've ever been told is we have to take our lunch breaks before we hit our 5th hour or it's considered an "incident". I've been with this company for many years and was never made aware of this law, that the employer has to pay for the lunch period and they get fined. I only found out after viewing my pay stub and noticed I'd been paid an extra hour for lunch and asked several other employees about it. Now I know.
Yes. You can be fired for this. Most employers will simply treat it as a progressive discipline issue (verbal, then written, then termination). CA labor laws are a HUGE pain for employers.
Can an employer legally take corrective action against an employee who fails to clock out for lunch before their fifth hour if the employer failed to make it's employees aware of this California law? This happened recently and quite unintentionally after spending three hours with a customer trying to resolve an issue. All we've ever been told is we have to take our lunch breaks before we hit our 5th hour or it's considered an "incident". I've been with this company for many years and was never made aware of this law, that the employer has to pay for the lunch period and they get fined. I only found out after viewing my pay stub and noticed I'd been paid an extra hour for lunch and asked several other employees about it. Now I know.
They didn't need to make you aware it was a law;they only needed to make you aware that it was not allowed. And they did.
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.
The people of the state have taken the legal prejudice that you do want to take a break but are being coerced to say differently. And even if your specific case you are truthful and really want to leave early without taking breaks if given the loophole employers will force those that need a break to keep working.
Thus the state steps in, to protect the single employee who is trying to fight his employer.
If an employer has an employee is looking for a reason to fire as employee without normal procedures, an employee missing taking a lunch break at prescribed time, they can fire them without any regular process such as wright ups. Quick and legal and doing it by following and cannot be disputed
Can employer make you take your break the moment you report to work or make you take lunch within an hour or two of showing up to work?
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Time of breaks
