Why one employer in California will now fire you for working through your lunch break:
California has a crazy law that allows employees to collect substantial ex post facto compensation if they claim they were denied a 10 minute break every four hours or a thirty minute unpaid lunch break after five. Suffice it to say we have spent years honestly trying to comply with this law. The 10-minute break portion is less of a compliance hurdle, but the lunch break portion has caused us no end of trouble. Theoretically, under the law, the employee has a choice work through lunch paid, eating at the job post (e.g. in a gatehouse of a campground) or leave the job post for 30 minutes for an unpaid lunch break. As background, every one of our employees have always begged to have the paid lunch because they are from a poorer area and need the extra 30 minutes of pay.
Unfortunately, it does not matter what preferences the employee expressed on the job site. In the future, the employee can go to the labor department and claim he or she did not get their break, and even if they did not want it at the time, and never complained to the employer about not getting it, the employer always, always, always loses a he-said-she-said disagreement in a California Court or review board.
Not that anyone cares, but I haven’t been paid for a lunch break in the last twenty-two years. I’ve worked through it now and then, but I’ve always made up for it the same day, and nobody says a word. Then again, I’m not in California anymore.