Mandatory 45 minute lunch break

[dreamcatchers]

What is the name of your state? CA
My son, who is 19, works for Target in Southern California. He works the shift from 1 am to 9 am, stocking shelves. He was informed by management that it is mandatory by California Law that he clock out for a 45 minute lunch. I have heard of 1/2 hour lunch or 1 hour lunch, but never 45 minute lunch. They also told him that since he has to take a 45 minute lunch, he could work 15 minutes over to make up the 15 minute difference from a half hour lunch.

My question is: Is there such a law in California that requires all hourly employees to have a 45 minute lunch?

 

[cbg]

No. But there is a law in California making it mandatory that an employee have a 30 minute lunch. And it IS mandatory; in many cases even if the employee wishes to waive it, they can't.

Although they are mistaken about the length of time CA law requires, if the employer wishes to make the lunch break 45 minutes, they CAN enforce that.

 

[dreamcatchers]

Mandatory 45 minute lunch

Thank you so much for the information. I appreciate it.
One more question: Is it legal for an employer (Target) to keep the employee from leaving the building after they have clocked out for lunch?

My son informed me that his employer said they could not let employees leave the premises (building) during the 45 minute lunch break because they have to keep the doors locked, yet they unlock and lock the doors when they let employees come in for their shifts. The store is in a huge shopping center with fast-food places open in the wee hours to serve breakfast.

Again, thank you so much for your time.

 

[JETX]

Is it legal for an employer (Target) to keep the employee from leaving the building after they have clocked out for lunch?

Yes....................

 

[Beth3]

In my State, if an employer prohibits employees from leaving the premesis during their break, then the break time must be paid. I don't know what CA reg's are on this but it wouldn't surprise me if it was the same.

 

[JETX]

From the California 'Division of Labor':
"If the employer requires the employee to remain at the work site or facility during the meal period, the meal period must be paid. This is true even where the employee is relieved of all work duties during the meal period. Bono Enterprises, In. v. Bradshaw (1995) 32 Cal.App.4th 968."
Source: http://www.dir.ca.gov/dlse/faq_mealperiods.htm

 

[dreamcatchers]

Mandatory 45 minute lunch

JETX:

The link you sent was very helpful. I have forwarded it to my son.

The meal period is not being paid by the employer. There are over 25 employees that must clock out for the 45 minute lunch and none of them are allowed outside the building during their unpaid lunch break.

Thank you again for the information. Much appreciated.

 

[JETX]

Your appreciation is noted.... however, credit should really go to Beth as I had limited my answer to only the question you asked.... and she expanded the subject to the issue of being paid while on break.

 

[dreamcatchers]

Mandatory 45 minute lunch

Beth:

Credit duly noted. I appreciate your time, as well.

I commend all 3 of you (JETX, Beth3 and cbg) for taking the time from your busy schedules to provide advice to those who seek it.

Again, thank you all.