Can hourly employee skip lunch to leave early? 03-02-99

Can a non-exempt employee take their lunch period at the end of a day in order to leave early with their supervisor's permission?

Rita Risser's response:

Doesn't it seem like this is a perfectly reasonable request? Unfortunately, in some states, like California, it is illegal for an employer to allow an employee to do this, even at the employee's request! The state wants employees to take lunch breaks, and neither employees nor employers can change that. They can only agree to waive the lunch if the employee works for 6 hours or less a day, and various other legal requirements are met.

U. S. law does not require employees to have lunch breaks. If you are in one of the states that does not have its own law, you would be allowed to skip lunch to leave early.

Check to see if your state has a Labor Commission or Wage and Hour Division responsible for handling these issues.

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