Legal Question in Employment Law in California
Employer breaking labor laws?
I currently work 8 hours a day/5 days a week for a telephone answering service that gives us three 10 minute breaks. We do get paid for these breaks, but we are not allowed a 30 minute break. I feel this is not an adequate amount of time to rest and clear you head before going back to work. I take about 3,000 calls every two weeks and I feel as though my employer is breaking a labor law. However, I do believe I was given a paper to sign before I was employed that basically stated I agreed to waive my right to a 30 minute break the entire time I am employed there. Is my boss able to do this, and is there anything that I can do about it? Or am I out of luck because I signed that paper?
2 Answers from Attorneys
Re: Employer breaking labor laws?
Based on the information that you have provided, there would be no basis for a legitimate waiver of your meal break. Depending on certain circumstances, including without limitation the number of co-workers at your place of work that may also not be properly offered meal breaks, you may able to bring a class-action lawsuit on behalf of yourself and similarly situated employees to seek compensation for any labor code violations.
I suggest that you seek the counsel and FREE Consultation of an EMPLOYEE CLASS ACTION lawyer.
Re: Employer breaking labor laws?
You are entitled to a 30 minute break. The company's willful violation of those rules means you are entitled to back pay/OT, interest and 'substantial' financial penalties. If you are serious about pursuing your claim, feel free to contact me about your rights and remedies. Every employee treated the same can, and should, join you in this action. If you are retaliated against for demanding your rights, or for bringing a claim, that would also be illegal and provide you an additional basis for 'substantial' claims.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
