Hey I work in a warehouse in California and I was wondering if it is illegal for my employer to reduce our 30 min lunch

Question

They're basically telling us we have to be at our work station exactly 3 minutes or less after our lunch but it seems impossible because it's a big warehouse especially if we want to go out to the parking lot so we can go out to eat since everything that they sell is expensive it takes 3 to 4 min just to walk from the clock in to our cars and we have to walk to the work station which couple be 2 to 5 min more. One of our managers even told a employee to put a timer on during our lunch so we can start heading to the clock out station please help I just need to know if it's legal or not for them to do that to us ?

Neil Pedersen · Answer

You are legally required to get at least 30 minutes of meal period that is uninterrupted and duty free.  However you are not legally entitled to go out for lunch.  You can be required to bring a lunch with you or eat on or near the premises so that you can clock back in within 30 minutes of clocking out for your meal period. 
 
Far more would need to be known about the physical layout and the processes and procedures at your work before someone could tell you if there is something unlawful going on.  It would be a good idea to locate and consult with an employment law attorney at your convenience. 
 
Good luck to you.

Maurice Mandel II · Answer

Your question seems to ask: "I am required to clock out where I work but it takes an 8 minute round trip to go to the lunch area, and my supervisor says I have to be ready to clock back in 3 minutes before lunch time is up.  This only gives me 19 minutes, outside the control of the employer, for my lunch.  Is this legal?" 
ABSOLUTELY MAYBE.  You are covered by Wage Order 9- Transportation Industry, which covers warehousing.  Section 11 (E) says: In all places of employment where employees are required to eat on the premises, a suitable place for that purpose shall be designated."  It would seem reasonable to claim that the meal period time begins when you reach the employer provided location for eating.   
Rest periods (section 12) are different, because they provide for a "net" 10 minute break, which means the 10 minute clock does not begin until you reach the company provided rest location.  If the manager is clouting you about time for lunch, I would wager that he is shorting you on break times.  Break times are twice a day and supposed to be as close as possible to the middle of each 4 hour period, and they are on the clock. 
If you are being denied a meal or rest period of the legal duration, or within the legal time for them to be allowed, you are entitled to receive one hour of premium pay per day for meal periods denied, and one hour per day for any rest period denial.  This adds up, particularly if there are many of you. 
The best people to answer your questions, aside from Employment Attorneys, are the Labor Commissioners.  If you have a plan of the warehouse it would help.  You might do some rough estimations of distances, too.   
Before going to see an attorney, I would suggest that you should get at least 5 more co-workers who are interested in bringing up this issue.  You may classify for Class Action treatment, which is the only way an attorney will be likely to handle your individual case. 
This opinion is offered only based on what you provided and may be subject to complete change when additional facts are known.  You have what is called a "rolling statute of limitations" meaning you can go back in time to capture premium pay for an earlier period but every day that goes by you lose a day going back.

Q: Hey I work in a warehouse in California and I was wondering if it is illegal for my employer to reduce our 30 min lunch