RE: California Employment Laws/Codes??

[Brian Ray]

Hoping somebody on here might be able to give me some insight as some of you own/operate your own business here in California.
Here's the situation....My wife works for a company as a non-exempt employee who is paid on an hourly basis. The company has decided to change here daily work schedule from 8am-5pm w/one hour lunch to 9am-5pm w/a working lunch to be taken at the office. Can they do this??
I've read through some CA Labor Codes and can't find anything that states that the employer can dictate how/where you can take your lunch. It's my understanding that in CA if you are a non-exempt employee and work a min. of 5 hours said employee is provided a 30 min. lunch. I got this from www.leginfo.ca.gov CA Labor Code Section 515.(A).
-Brian

[Havasu_Dreamin]

You are correct, by CA law a non-exempot employee must be provided a 30 minute meal period after 5 hours of work, unless they plan to work only 6 hours that day then the 30 minute meal period can be waived. Also, they can't alter the work day of the company without a 2/3 vote approval of the affected employees. Keep in mind, there are some limtiations to these laws with respect to industry and size of the company. Also, non-exempt employees are required to be given two PAID 15 minute breaks in an 8 hour day. The breaks can not be saved up to use at the end of the day to leave early either.

[Mrs. Bordsmnj]

There is no such thing as a working lunch unless they pay her for it. But still its illegal. If you work over 6 hours, 1/2 hour lunch must be taken.

[Brian Ray]

Also, non-exempt employees are required to be given two PAID 15 minute breaks in an 8 hour day. The breaks can not be saved up to use at the end of the day to leave early either.
They don't get those either.....The company is a national well known home builder. It would affect only two employees....
I've told her to contact her HR person but from past experience with this said HR person it's almost pointless as said HR person doesn't know "jack" about HR. I'm tempted to contact an attorney as there has been some other issues that my wife hasn't addressed, as she doesn't want to rock the boat. She is getting ready to leave for maturity leave in another two months.....Keep in mind the VP of Operations has flat out said if she would have known my wife was pregnant she would not have hired her. This was said directly to my wife's sales manager who then told my wife about it......

[mike37]

it sounds like she will be getting a paid lunch
so they may be able to require he to stay on to company grounds but they must give here 1/2hr of no work for lunch even if its paid

[Havasu_Dreamin]

They don't get those either.....The company is a national well known home builder. It would affect only two employees....
I've told her to contact her HR person but from past experience with this said HR person it's almost pointless as said HR person doesn't know "jack" about HR. I'm tempted to contact an attorney as there has been some other issues that my wife hasn't addressed, as she doesn't want to rock the boat. She is getting ready to leave for maturity leave in another two months.....Keep in mind the VP of Operations has flat out said if she would have known my wife was pregnant she would not have hired her. This was said directly to my wife's sales manager who then told my wife about it......
I'm not a proponent of lawsuits, but that comment about your wife being pregnant and not having been hired had they known is just asking for a lawsuit.
If you are so inclined, either contact an attorney our file a complaint with the CA Department of Industrial Relations (http://www.dir.ca.gov/). I'd make them aware of the no break issue and the comment about the pregnancy. I'm not a fan of unions as we have laws to ensure worker equality/protection, but as in your wife's case, sometimes the company needs to have a 'come to Jesus' meeting with the DIR.

[Havasu_Dreamin]

it sounds like she will be getting a paid lunch
so they may be able to require he to stay on to company grounds but they must give here 1/2hr of no work for lunch even if its paid
This is the key, they are required to give 30 minutes of NO work. Even answering a phone constitutes work from a labor law standpoint.

[mike37]

They don't get those either.....The company is a national well known home builder. It would affect only two employees....
I've told her to contact her HR person but from past experience with this said HR person it's almost pointless as said HR person doesn't know "jack" about HR. I'm tempted to contact an attorney as there has been some other issues that my wife hasn't addressed, as she doesn't want to rock the boat. She is getting ready to leave for maturity leave in another two months.....Keep in mind the VP of Operations has flat out said if she would have known my wife was pregnant she would not have hired her. This was said directly to my wife's sales manager who then told my wife about it......
what well known home builder give us a name

[Brian Ray]

I'm not a proponent of lawsuits, but that comment about your wife being pregnant and not having been hired had they known is just asking for a lawsuit.
If you are so inclined, either contact an attorney our file a complaint with the CA Department of Industrial Relations (http://www.dir.ca.gov/). I'd make them aware of the no break issue and the comment about the pregnancy. I'm not a fan of unions as we have laws to ensure worker equality/protection, but as in your wife's case, sometimes the company needs to have a 'come to Jesus' meeting with the DIR.
Yeah, that comment got me pretty hot under the collar too but my wife is not a big fan of filing lawsuits but they left themselves open on that one that is for sure. We will see how things shake out....

[Brian Ray]

it sounds like she will be getting a paid lunch
so they may be able to require he to stay on to company grounds but they must give here 1/2hr of no work for lunch even if its paid
I'm not sure they can force you to stay on company grounds if they do not provide some form of food service....Couldn't find anything in the California Labor Codes that mentions this. She works in a model home, which acts as the sales office within a housing community. They would have to bring their lunch everyday....