I have to work over 6 hours without a lunch break am I entitled to overtime in CA?
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I have to work over 6 hours without a lunch break am I entitled to overtime in CA?
I work alone at a reception desk so I can’t exactly leave for 30 minutes to take a lunch if the office is busy and phones are ringing. If I have to work over 6 hours am I entitled to overtime for the remaining hours? Most days are 8.5 hour days
Asked on July 6, 2017 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Overtime in your state is based on only two things:
1) If you work more than 40 hours in a workweek; or
2) If you work more than 8 hours in a day.
If you don't get a lunch break, you are working for what would normally have been lunch, so it counts towards how many hours or how much time you are working. Therefore, if you don't take a lunch break but work through it, and therefore work 8.5 hours, you should get 0.5 hours of overtime that day.
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