This is the kind of case I am defending in mediation today. My client’s records show that about 10% of the time, employees clocked out for 27-29 minutes for lunch instead of the full 30 required by law. This happens because employees miscount the number of minutes, and punch back in early. But they work on production lines that do not start again until after the full 30.
Also, California law says people get a second meal period if they work over 10 hours, but they can waive it if they work less than 12. We have a bunch of days where people did not want to take a dinner break when they worked 11 hours because they wanted to finish work and go home as early as possible. Because we did not have 1100 people sign a waiver every day (which no law requires), they say we have liability.
With all of the penalties, they claim our exposure is $80 million. It’s really about big money for the lawyers.
This is not a fun way to spend a Saturday. I miss Toby already.