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Can an employer make you stay on site for lunch?
The bottom line: Generally, an employer cannot control the activities of an employee when they are on an unpaid break, such as a lunch break, but it may be permissible to direct an employee to work during a paid break, under certain circumstances.
Can employer make you stay at work?
According to the California Department of Industrial Relations, “an employer may dictate the employee’s work schedule and hours. Additionally, under most circumstances the employer may discipline an employee, up to and including termination, if the employee refuses to work scheduled overtime.”
Can hourly employees work through lunch?
Conclusion. It can be surmised that it is legal for an employee to work during their lunch break in many situations. However, employers must ensure that they are following the provisions of the employee agreement, award or contract to ensure that they are abiding by these requirements.
Can an employer control what you do on break?
While employers can require their employees to take a rest or meal break, they cannot dictate how an employee uses their break.
Can my employer tell me when to take lunch?
More often than not, you can assign specific lunch times for employees. You’ll need to check your local laws to find out what the answer is for your company. Federal Laws According to the US Department of Labor, there’s currently no federal law mandating employer-supplied breaks or lunchtimes.
Can an employer make you stay at work without paying you?
Employers in the United States must pay employees for all hours worked and cannot force workers to labor without receiving minimum compensation set by federal or state law. An employer cannot sanction, discriminate against or fire an employee for not working without pay.
Is it illegal to schedule an employee outside their availability?
Yes, they can do that. Employers have full discretion and authority in setting work days and hours.
Can my employer change me from salary to hourly without notification?
Generally, an employer cannot change the terms of an employment contract without the employee’s agreement. If you do not agree to the reduction in your salary, then your employer will be in breach of the employment contract if it pays you less than your agreed salary or wages as set out in your employment contract.
Are lunch breaks required by federal law?
Federal law does not require lunch or coffee breaks. Meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable.
Can I skip lunch and leave early?
No. The California Labor Code § 226.7 invokes penalties against the employer if it fails to provide a meal or rest period. Only employees in the healthcare industry may waive the second meal period for shifts exceeding twelve hours.
Can my manager tell me when to take my break?
Generally, never. If you are a non-exempt employee, California employers are required to give you a 30-minute, unpaid meal break if you work at least 5 hours in a single shift. You can voluntarily choose not to take your meal break (and collect paid time instead) if your shift does not exceed 6 hours.
Can an employer withhold breaks?
All employers in California must provide 10-minute rest periods for every 4 hours worked. These breaks must come in the middle of the worker’s day, or as close to it as is practicable. It is against the law for an employer to withhold mandatory rest periods or to deduct authorized rest breaks from workers’ paychecks.