Meal Periods

[wendys8861]

What is the name of your state? California

This isn't really a discrimination or harrassment question, just need simple info...

We have a worker that is employed full-time, 8 hours per day, 5 days per week.

She starts her workday at 8am and likes to take her lunch hour at 4pm so that she doesn't have to work the last hour of the day (it really irks me because that is when we are the busiest).

My question - Must a full-time employee take his/her meal period within the first 5 hours of their work day? As I read the California labor law, that is how I interpreted it, but not being a legal mind, I don't know.

Other employees are starting to complain about her not having to work that very busy last hour...

Can somebody shed some light on this?

My supervisor seems to be oblivious to when she takes her lunch break so talking to them is no help!

Thanks!

[JETX]

"Must a full-time employee take his/her meal period within the first 5 hours of their work day? As I read the California labor law, that is how I interpreted it, but not being a legal mind, I don't know."
*** Your post doesn't clarify... are you the employer or a fellow employee??
If the employer, you can establish a set meal break time and require the employee to take it at the allotted time. And it doesn't have to be the same time for each employee, you can simply show it as part of your work schedule.

However, if you are just a fellow employee, you have no right to change the employer allowances.

California:
Employees are entitled to a meal break for at least 30 minutes if they work more than five hours. The employee must be relieved of all work duty during the meal period. If the employee is not given a lunch break, the employer must pay one-hour wages for each day without a lunch break. Allowing an employee to eat while on the job does not constitute a proper meal period as the employee is not relieved of all work duty during the meal period and is a violation of the Labor Code.