It’s been a month since I submitted 1.5yrs.of lunch 1/2hrs I worked through &I still haven’t received payment for it.Plus I was Denied Breaks.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
It’s been a month since I submitted 1.5yrs.of lunch 1/2hrs I worked through &I still haven’t received payment for it.Plus I was Denied Breaks.
My Question is, what do I have to do to make sure I’m compensated for my lunches?Plus what, if anything, can I do about being denied my breaks?If I’m denied my breaks when legally I’m suppose to take 2-15min breaks, can’t I go after all the lunches and say the ones I had taken can be considered 2 breaks and get payed for 1/2hr ea. all days I had worked for?
Asked on June 3, 2009 under Employment Labor Law, California
Answers:
BP, Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
The answer to your question will depend upon 1) whether you are an exempt or non-exempt employee and 2) your company's policy on breaks and lunches. If you are an exempt employee, there isn't an issue as your paid a salary regardless of the number of hours you work. If you are a non-exempt employee, your company's policy will dictate whether lunches are compensatory. Depending upon how long you work each day, you should be allowed breaks. If you aren't, talk to your supervisor and/or Human Resources Department.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.