Some of my nonexempt employees want to work through their meal periods so they can take off early. Is this OK?
The HR Management & Compliance Report: How To Comply with California Wage & Hour Law, explains everything you need to know to stay in compliance with the state’s complex and ever-changing rules, laws, and regulations in this area. Coverage on bonuses, meal and rest breaks, overtime, alternative workweeks, final paychecks, and more.
No. Working through a meal period does not entitle an employee to leave work early. Also, there are strict limits on when an “on-duty” meal period is permissible—the nature of the work must prevent the employee from being relieved of all duty (such as a clerk working alone at a convenience store), and there must be a written agreement that an on-the-job paid meal period is agreed to. Also, the agreement must state that the employee may, in writing, revoke the agreement at any time. — CELA Editors