I work at a restaurant in California. I do get a lunch, but it isn't 30 mins (they're usually like 15 mins), and I don't clock out, also, I don't get my two 15 minute breaks. I've also been working 42.5 hours per week, but I'm on salary, so I don't get overtime. What can I do about this legally if I don't get a lunch or breaks?
138993
Once again godoompah has shown us just how smart he is (or lack there of)  HAHA you are hilarious man, thanks for the good laugh.  As I mention below, don't believe godoompah, he shows an obvious lack of knowledge on the subject.\n\nTo start, godoompah is Wrong!  Labor laws are NOT definied by the US labor code (they are only on a very broad scale) but ARE handled on the state level.  As a matter of fact, California has the most strict labor laws in the country!  Despite what godoompah said, you are entitled to breaks if you are older than 18, he may be from a state where you don't get breaks there are some, but California is NOT one of them, they do enforce breaks for EVERYONE regardless of age.  As for overtime, well he has no clue about that either!  I don't know where he got his info but he is wrong.  Please disregard his comments as he obviously doesn't know what he is talking about\n\n\nFirst of all, it depends on whether or not you are an exempt employee, and no salaried does NOT automatically imply exemption.\n\nIn a restaurant the laws are clear for you to be exempt you must be a manager. \n\nSo assuming you are not except the laws in california are as follows.\n\nIf you work 5 hours or more you get a 30 minute meal break that is UNPAID.  You also get 1 10 minute break (not 15) that is PAID.\n\nIf you work more than 5 hours but less than 6 you may waive your right to a 30 minute meal break.  You can remove the waiving of your right to a break at anytime, so that you can take your break.  Inorder for the 'waiving' to be legal they must have a signature on file.\n\nIf you work 6 hours, you MUST take a 30 minute unpaid meal break, regardless of whether you want one or not.  At 7 hours you qualify for a second 10 minute PAID break.\n\nAs for the overtime, if you work more than 8 hours in 1 day, 40 hours in 1 week or 6 days in a row (meaning you worked on the 7th day) within a work week, then you get over time for all hours over that (for 7th day, they must pay you over time for the entire day plus every day after that until you get a day off or until the pay period ends).\n\nThis is all however different if you are Exempt, none of the overtime laws apply and the breaks work different.\n\nShould you find that your employer is in violation of these laws, it is not difficult to file a complaint with the labor department but you must be aware unless you are being seriously cheated often times it is not worth it.  Although they cannot retaliate againts you, they will, in one way or another.  So be prepared to fight it all the way.\n\nThe penalty for missing breaks is they must pay you 1 extra hour for each break you do not receive.
349974
Working in a restaurant is almost never fair. Hours and wages are long and low. Some of us are just "addicted" to this industry, and are willing to get no breaks, etc. If this isn't your chosen field of choice, it's better to work at Wal-mart, more of a "real" job.
519854
Depends on what countires laws you are referring to. In Canada, the break structure for an eight hour shift is as follows:\n\n10 minutes paid break\n30 minute unpaid lunch\n10 minute paid break
616398
This is a very tough situation you are in.  I believe the labor laws vary from state to state.  To begin with, you might call the Labor Board for the state of Georgia.  You may want to search this website http://www.dol.state.ga.us/em/employment_laws_rules.htm\nfor any initial action.\n\nSince there is financial problems, you may also want to see if you qualify for benefits with your state welfare system.  They may be able to help you during this time with purchasing food and may help with some bills.  Explain the situation to them and you may get the help you need.\n\nGood Luck!!
15207
Nebraska has no law requiring breaks or lunch periods, except for people working in manufacturing, and they are only required to have one 30 minute lunch break. Federal law has no break requirements. Speak to your state senator to let them know you want this changed. There's a link below to find out who that is.
473872
Even if you quit without giving notice, your employer does not have the right to withold your last paycheck. Legally, they have to pay you for the hours you worked. The check would be paid out by the next pay period. If you did not get paid, get in touch with your Labour board.
259200
No. It is not right. It has been a long time since I have looked at the laws and they might have varied a little in that time. But I do know it used to be anything over five hours you had to have a half hour. Anything over seven hours you are entitled to another half hour.\n\nI will look up and see if I can find recent laws. \nFight your boss and if they will not change then take it to the BBB or the county.
175774
Does an employer have to provide employees breaks or a meal period?\nNo, unless the employee is under the age of 16.
92751
In my office, I cover my assistant's phone when she is at lunch.  \n\nIf you have your original offer letter, or documentation stating your hour lunch and breaks, then you should take it to HR and let them know that you are being taken advantage of.  If you don't feel comfortable doing that, then talk to your boss.  If they are good, they will find a solution.  Suggest a solution yourself!  Be proactive!  If nothing works, I would say polish your resume and start looking.
151988
Is your employee hourly? If so, then it is illegal to cut hours that she has worked. The employee must be compensated in some way for the hours that she has worked. If the employee does not provide adequate documentation to prove that she has worked those hours, they can choose to reject those hours, so make sure that all of the documentation is in order. Otherwise, if the payroll lady is working for you, you can just fire her and get a new payroll person. If the payroll lady just works for the same company as you do, you should go to her superviser and ask for either an explanation of why this is happening or corrective action.
933
Few states require lunch or rest breaks, if any.  I know that for most employees over the age of 18 in even more politically liberal states like New Jersey do not require rest breaks.  Of course, many states regulate such for minors, but few for workers over the age of 18.\n\nI've included a link to a Department of Labor chart that gives requirements for each state on meal breaks.  It's a pretty short list: California, Colorado, Connecticut, Delaware, Illinois, Kentucky, Maine, Massachusetts, Minnesota, Nebraska, Nevada, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Tennessee, Washington, and West Virginia.\n\nFor rest breaks, the list shrinks to California, Colorad, Kentucky, Minnesota, Nevada, Oregon, and Washington.\n\nPerhaps few regulate is because most employers voluntarily give rest breaks to employees to make work more bearable.  Perhaps few regulate because unions, often providing the strongest labor law components in states, don't really care if non-unionized labor is forced to receive breaks, but really works hard to ensure that its own members are protected through contract agreements and bargaining.  Regardless, I hope this information helps.
196581
Assuming that you took a half hour off for a meal then you earned less than $4.20 an hour.  You didn't receive overtime, and you didn't have ANY days off.  Where I live it is against policy to not have a day off every 6 days.  If you don't rest you can make a fatal mistake.  You were taken advantage off and underpaid.  QUITTING WAS THE ONLY THING TO DO!  I am glad you did.\n\nEDIT:  If you were supposed to get 7.50 an hour you didn't get it (if you worked 7:30am to 7pm for two weeks with a half hour break.)  If they were actually giving you 7.50 plus time and a half when you went over 40 hours a week you would have received 1552.50 minus any taxes (at least you should in USA.)  How is it possible that your income tax is 58%?  This had to be all under the table.  I wouldn't do that again if I were you.
560849
Each state has different laws on what is taxed when. In California, all food from restaurants is taxed, regardless of whether it is eaten there or to go. Clearly, there is some sort of difference between Coffee Bean's and fast food restaurants' statuses in your state. If you give me your state I could look into it more closely.
276676
Unless your lunch break is paid for by the company you can take it whenever you want, it's your time, not theirs. As far as breaks, those are paid for by the company so I'm afraid you would have to take those as assigned.
366338
You need to take it up with the union cause you need breaks, if nothing is done.  Call the labor department.
327277
Depending on the job you may have your breaks and lunches scheduled for you or you make be able to take them whenever you want.  My suggestion would be to eat before you start the 12-8 shift and then eat again during your lunch break which would probably be around the middle of the shift(around 4-5).
484309
You are ABSOLUTELY NOT WRONG! Minors, BY LAW, must have a break at the 5th hour, off the clock for 30 minutes. The law also states they get a PAID 15 minute break in that same 5 hours. After the 5th hour, the law requires A SECOND 15 minute break ON THE CLOCK. These labor laws are ment to protect our children. Futher, the law states the minor cannot be scheduled past 11 PM on a school night, nor can they be scheduled to work less than 12 hours from their last shift. (i.e. work until 11PM friday night and back in at say 10AM the following day. She cannot work again until 11AM...12 hours elapsed.\n\nI say this Manager needs a LESSON in THE LABOR LAWS of MINORS. Call your local state Labor Board....report the manager, and find new and better jobs. Good luck.\n\nI JUST SAW THAT YOU WERE FIRED!!! If you live in a "Right to Work" state.....you are screwed....They can fire you because they don't like the way you look. No law will protect you in that situation. If you ARE NOT a right to work state, you have potential legal action. I say go for it...AND MERRY CHRISTMAS!!\n\nONE MORE THING! People keep telling you to call the BBB...NO! CALL THE LABOR BOARD!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!\n\nBelieve it or not! My 17 year old daughter just called from her job t complain bout the same things....I heard her boss in the background demand she stop her break, change her attitude or she would "HAVE PROBLEMS"....I am advising her similarly....Good Luck to you and yours....