Comments on: Employers Do NOT Need to Force Employees to Take Breaks http://blog.griegolaw.com/2008/07/22/employers-do-not-need-to-force-employees-to-take-breaks/ Updates and insights regarding California Employment Law Wed, 25 Jan 2012 17:30:42 +0000 hourly 1 http://wordpress.com/ By: Rob http://blog.griegolaw.com/2008/07/22/employers-do-not-need-to-force-employees-to-take-breaks/#comment-1628 Mon, 26 Apr 2010 20:07:47 +0000 http://calemploymentlaw.wordpress.com/?p=195#comment-1628 There is some dispute as to whether the law requires the break be taken within the first five hours, immediately after the fifth hour, or at some other time. I believe the law allows the employee and employee some flexibility in choosing when the break will occur. Hopefully the Brinker and Brinkley cases will assist in interpreting the law. I’m not sure when those decisions will be issued.

Keep in mind, however, that your employer can dictate when you take your meal or rest break. Failure to follow your employer’s reasonable directions could be considered misconduct.

]]> By: Vicente http://blog.griegolaw.com/2008/07/22/employers-do-not-need-to-force-employees-to-take-breaks/#comment-1498 Tue, 29 Sep 2009 01:12:39 +0000 http://calemploymentlaw.wordpress.com/?p=195#comment-1498 I’m a non exempt worker who in the past used to take my lunch break from 3:00 – 4:00 pm. My work place suddenly indicated that I needto take it no more than 5 hours after my initial hour. Does the law say that the meal break needs to be taken within that period or is it okay to still take it from 3-4?

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