Expert: Randee - 3/29/2007

Question
QUESTION:  
I am working in california in a store, i am the only full time employee with the manager. I have to open and to close the store (starting 8:30am) finishing (8 pm). To not pay me more expensive overtime hours, they force me to take many hours of break during the day. Is that legal? I am being stuck around the area of work doing nothing waiting to work while a part time employee is working during my break? It doesn't sound really legal to me.
ANSWER: California is a challenging state for both the employee and the employer.  It is actually not just allowed but required that the company provide you with a minimum 30 minute unpaid meal break for every 5 hours you work. So you would work:
8:30 – 1:30 (5)
1:30 – 2:00 required meal break
2:00 – 7:00 (5)
7:00 – 7:30 required meal break
Then the last ½ hour you would work.

The company can require a longer meal break then ½ hour but the ½ hour is mandatory.  An hour break would not seem unreasonable.  
8:30 – 12:30 (4)
12:30 – 1:30 required break
1:30 – 5:30 (4)
5:30 – 6:30 required break
6:30 – 8 (1.5)

I am having a hard time figuring out how they would avoid all overtime.   How much time are the breaks you are taking?

For the complete law you can go to http://www.dir.ca.gov/IWC/IWCArticle7.pdf


---------- FOLLOW-UP ----------

QUESTION: Thanks for your response. The key question is: is it legal for a compagny to force me to clock out in the middle of the day for a period of time such that i am not working overtime hours? I'd like the overtime hours, am I legally entitled to them? Or are they allowed to make me work split-shifts?
For more precision, I am having very flexible hours some days i start at 11 am until 8pm some other i start at 2pm till 8pm, so they are managing to not make me do more than 40 hours, during these shorter days i just have 30 minutes of lunch break.


Answer
Under California law, it  is legal to require split shifts.

(C) When an employee works a split shift, one (1) hour’s pay at the minimum wage shall be paid in addition to the minimum
wage for that workday, except when the employee resides at the place of employment.
http://www.dir.ca.gov/IWC/IWCArticle7.pdf

I suggest you take a look at the website for more information.