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I work at JIffy Lube in California, and I started at 6:30 ...

Sent to Legal Experts November 03 05:55 PM

I work at JIffy Lube in California, and I started at 6:30 am, I have not had a lunch yet and it is after 2:30 pm they state no breaks or lunches until after 3:00 pm...is this legal?

 

Optional Information:
chino hills, California

Customer (name blocked for privacy)
Answer
November 3 6:08 PM (12 minutes and 23 seconds later)
         
REPLIEDCheck Mark

The California Labor Statute regarding lunch breaks appears below. It does not appear that there is anything that precludes teh employer from makingth ebreak available later in the day.

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512. (a) An employer may not employ an employee for a work period
of more than five hours per day without providing the employee with a
meal period of not less than 30 minutes, except that if the total
work period per day of the employee is no more than six hours, the
meal period may be waived by mutual consent of both the employer and
employee. An employer may not employ an employee for a work period of
more than 10 hours per day without providing the employee with a
second meal period of not less than 30 minutes, except that if the
total hours worked is no more than 12 hours, the second meal period
may be waived by mutual consent of the employer and the employee only
if the first meal period was not waived.
(b) Notwithstanding subdivision (a), the Industrial Welfare
Commission may adopt a working condition order permitting a meal
period to commence after six hours of work if the commission
determines that the order is consistent with the health and welfare
of the affected employees.




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Reply
November 3 6:17 PM (9 minutes and 8 seconds later)
         
Reply to Lawmoe's Post: I know about the 5 hour rule, but they are stating that it is different for the auto mechanic industry. Also that they can do mandatory overtime.
Answer
November 3 6:25 PM (8 minutes and 3 seconds later)
         
ACCEPTEDCheck Mark

There is no special labor law applying to teh aut o industry that I see. http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=lab&codebody=&hits=20

Nonetheless, though you are allowed a lunch, the time that it must be given is not specified. As a result, they may include it at the back end of your work schedule

Most industries are allowed to require mandatory overtime. That is not unusual.

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The information provided is general in nature only and should not be construed as legal advice or to create an attorney-client relationship. You should always consult with a lawyer in your state
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