CA Labor Law Defense

California Wage Orders require that a minimum wage employee must be paid a split shift premium if they are on an unpaid break longer than one hour for the employer’s convenience. A lunch break should be not less than 30 minutes nor greater than 60 minutes. However if the day’s pay equals at least minimum wage for all hours including the break, no premium is owed.

 That will be up to the arbitrator. CA leaves the decision up to the arbitrator and federal law does not presume otherwise. See  Sandquist v. Lebo Automotive, Inc . (SC S220812 7/28/16).