Q: I work as a nurse in a hospital three days a week doing 12-hour shifts per day. We are allowed a 30 minute unpaid lunch break every day. I usually take my lunch at the hospital cafeteria. However, while clocked out for lunch, I am supposed to have my cell phone with me. Usually, while I’m eating, I would take the call of any hospital personnel calling regarding work. These calls would take anywhere from 10 to 20 minutes. Once the call is done, I would finish eating and go back to work. Because of these calls, I feel that I am still working even though I was technically clocked out for lunch and had actually eaten. Am I entitled to additional wages?
A: Under California law, you are entitled to a 30-minute uninterrupted meal period. During the meal period, you should be relieved of all duties. If you are able to eat but are also simultaneously addressing work-related issues, then you have not been provided an uninterrupted meal period.
If the meal break is not provided as required by law, the employer shall pay the employee one additional hour of pay at the employee’s regular rate for each workday that the meal break is missed. The employer who violates the ... Read more
Meal & rest break violations in the healthcare industry
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