(California Wage/Hour Update, No. 2.)
Boss: Time for your lunch break.
Employee: Naw, I'll just finish up what I'm
working on and take my break later.
Boss: That's fine with me, but you are free to go
now.
Employee: Gotcha! Now you owe me a premium for
taking a late break!
Is a scenario like this possible? Well, of course, since
some employees will try about anything to find a way to sue their
employers for more money. More importantly, can the employee
legally recover a late-meal premium in this situation?
According to a recent unpublished decision by a federal court of
appeals, the answer is no. DeLeon v. Time Warner.
A Little Background
As most California employers know, the state generally requires
that all employees who work more than five hours must be provided
an unpaid, duty-free meal period of no less than 30 minutes, to
commence before the end of the fifth hour of work, and a second
meal period of similar length if employees work more
