Title: Non- Exempt employee
I am an exempt employee in California. Can an employer dictated the time you go to lunch & if your lunch runs longer than an hour?
Hi Dina,
Thank you for your question. I’m a little confused because the title of your question indicates you’re a nonexempt employee, but the text of your question states that you’re exempt.
Whatever the case, if you are entitled to a meal break during your shift, it must start before the end of your fifth hour of work. As long as it meets that rule, your employer can require that you take your meal break at a specific time.
If your lunch runs longer than an hour and you are actually a nonexempt employee, you might want to look into whether you are entitled to a split shift premium.
I hope this information helps. If you would like to learn more about California’s meal and rest period rules, check out our article on the topic: Break Laws in California: Meal Breaks & Rest Periods Made Easy.
Please remember that this information does not constitute legal advice and should not be relied on. Nor does it create an attorney-client relationship.
I wish you the best of luck in your situation!