Legal Question in Employment Law in California

My employer acknowledged that in error, per Labor Law Section 226.7, they did not permit me to take a second 10-minute rest period. Specifically, I needed that break to pump breast milk, and I was told if I wanted the second break, I would have to take it unpaid. Today I was presented with a letter stating that they acknowledge the mistake and are going to pay me my hourly rate times the number of days they violated the law. Should I sign? What would the implications of that be?


Asked on 4/14/15, 7:36 pm

1 Answer from Attorneys

What they are offering you is the full amount they owe you (provided they properly calculate the number of days the violated the Labor Code) as a penalty for denying you your second break. The implication, most likely since I can't see the letter, would be that you have been compensated in full and give up your right to sue them for it. Because of your condition as a nursing mother, it is possible you could sue them for more under disability or medical accommodation statutes other than the Labor Code. Without knowing a lot more about the situation and doing some legal research I can't say whether you would have any kind of good case for more money or not. You would have to consult a local labor law attorney in your area to figure that out. If you sign a release in exchange for the Labor Code penalty payment, however, it would almost certainly also give up your right to sue under other laws. It would be a final settlement of your claim.

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Answered on 4/15/15, 7:52 am


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