Forced Lunch?

[mrstimulation]

What is the name of your state? California

DESCRIPTION
Good day. I am a consultant that works for a midsizied consulting firm in CA. I am currently stationed at a large entertainment company (the firms client in CA). My manager at the entertainment firm has suddenly pointed out that my timesheet does not contain any time spent for lunch. I eat my desk, etc. was my response. This did not seem acceptable and the manager is now trying to see if this is indeed legal. I have no idea why this is an issue as I, like many other consultants, have been doing this for a significant period of time (years).

Most of the consultants here do the same thing and tend to work 8 hours days w/out lunch as opposed to 9 hours days with lunch (8 work hrs minus 1hr lunch).

QUESTIONS
- Can the client legally mandate that I work 9 hour days and take a 1 hour lunch?
- Can I be forced to take a break of any kind? If so, how long must I be on break?

Technically, I do not work for the client. I work for the consulting firm, so I don't know how the laws apply to me. I read something about a 30 minute break being mandatory and something else about 2 paid 10 minute breaks... I'm not sure if those apply to consultants. If I'm requested (forced) to work a 9 hour day, I wonder if I can take the "mandatory" 30 minutes and bill for the remaining 30 minutes.

BANTER
At the end of the day, I firmly believe in spending as little time as I can in the office as long as there is no work to be done. If I am going to be "forced" to work longer hours, I should be compensated.

 

[seniorjudge]

mrs timulation:

I believe you can be forced to take a lunch break.

I will stand by to see what the employment law experts say.

 

[moburkes]

mrs timulation:

I believe you can be forced to take a lunch break.

I will stand by to see what the employment law experts say.

Agreed. They can force you to take a full 1 hour lunch without pay, if that is their agreement with the company you work for. If they are only asking you to work 8 hours, then you are not entitled to 1/2 hr overtime each day, just because you want it. You will get paid for it, but then you can also be fired for it.

 

[Beth3]

California has mandatory lunch and rest period laws, whether employees like it or not. Yes, your employer or the client can absolutely require you to take meal and rest breaks, even if your State's laws did not compel them to do so. You do not set your hours of work, your employer/client does.

 

[seniorjudge]

California has mandatory lunch and rest period laws, whether employees like it or not. Yes, your employer or the client can absolutely require you to take meal and rest breaks, even if your State's laws did not compel them to do so. You do not set your hours of work, your employer/client does.

I am nice to waiters and waitresses, but I am rude to anyone who refers to itself as a "waitperson".

 

[moburkes]

I am nice to waiters and waitresses, but I am rude to anyone who refers to itself as a "waitperson".

Well, just don't call me a POC.

 

[seniorjudge]

Well, just don't call me a POC.

Aren't ALL human beings "people of color"?

I haven't seen one yet who was not colored.

But, then again, I haven't seen all human beings.

 

[moburkes]

Aren't ALL human beings "people of color"?

I haven't seen one yet who was not colored.

But, then again, I haven't seen all human beings.

If you're Black/African-American/*****/Etc, and you're an albino, are you still a POC?

 

[mrstimulation]

The Law

California has mandatory lunch and rest period laws, whether employees like it or not. Yes, your employer or the client can absolutely require you to take meal and rest breaks, even if your State's laws did not compel them to do so. You do not set your hours of work, your employer/client does.

California law requires two paid 10 minute rest periods and a 30 minute break. Despite the mandatory breaks/rest periods, are you saying there are no other limitations? Employers could force people to take 2 hour non-paid lunch breaks, etc?

 

[moburkes]

California law requires two paid 10 minute rest periods and a 30 minute break. Despite the mandatory breaks/rest periods, are you saying there are no other limitations? Employers could force people to take 2 hour non-paid lunch breaks, etc?

Sure, but they wouldn't get very many employees with that policy. What they are asking you to do is not unreasonable. You are being unreasonable in wanting to dictate your own schedule when you are an employee. If you were an independent contractor, then it would be different.

 

[mrstimulation]

Agreed. They can force you to take a full 1 hour lunch without pay, if that is their agreement with the company you work for. If they are only asking you to work 8 hours, then you are not entitled to 1/2 hr overtime each day, just because you want it. You will get paid for it, but then you can also be fired for it.

- What if it is not in the agreement?

- Does my employer have the right to be selective and decide who does not have to comply with such rules (1hr lunch)? It is apparent that this is NOT a blanket policy, as many other employees here take no breaks without any issues. I would think that hand picking 2 out of 100+ consultants is a bit odd.

 

[mrstimulation]

I agree...

Sure, but they wouldn't get very many employees with that policy. What they are asking you to do is not unreasonable. You are being unreasonable in wanting to dictate your own schedule when you are an employee. If you were an independent contractor, then it would be different.

Perhaps you are right and I am being a bit unreasonable. My past has been riddled with clients that would not allow a break of any kind b/c of extreme workloads and unrealistic deadlines.

I will admit I wouldn't feel this way if we were actually near a restuarant where one could order an afternoon meal. However, we are very isolated and the only option is the desk or a table at the small cafeteria.

This company is very large and it's hard to know the official policy with so many people doing so many different things with approval from mangers, vice presidents, etc. It appears that the rules don't apply to everyone.

I will see if I can find the something on paper.

 

[panther10758]

If the State finds out your place of employment is not allowing breaks and meals they can get stiff fines

 

[mrstimulation]

Allowed.

If the State finds out your place of employment is not allowing breaks and meals they can get stiff fines

They are allowed.

However, they may become mandatory for a select group (myself and another consultant). From what I can gather, it is not mandatory for anyone else here.

 

[panther10758]

Your not listenning State laws says it is manatory that breaks and meals be taken!