Legal Question in Employment Law in California
where I am currently employed I work 8 hours a day, 5 days a week. I have verbally agreed to not receive a meal break. According to CA state law I am due an extra hours pay for not receiving a meal break. I have working for my current employer for 3 months now and have yet to been paid properly. I would like to bring it to my manager's attention but am afraid of retaliation. I am concerned that if I mention the issue, that from then on I will be required to take a meal break and that would be a financial loss for myself. In what manner would you suggest that I address the issue?
1 Answer from Attorneys
It is unlawful for your employer to retaliate against you if you are a nonexempt employee and ask about being paid the penalty for not having the "opportunity" to take meal breaks. Make the request in an email so that you have evidence of your request and the fact that it was sent to the employer. If you have further problems after you request to be paid the penalty, call an employment law attorney to discuss.
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