Legal Question in Employment Law in California

I am an exempt employee. Iam not recieving lunch breaks. Other staff member in other location of this company in the same position get to take breaks. Because the transfering of employees I can not leave the building. The employee that was in this office previously was allowed to be incharge of the business during my absence. The company had a problem with an employee in a other location and switched them and the new one is not permitted to be here alone because of somthing he has done in another branch. Because of this situation I'm not able to have a lunch out of the building while other employees in the same position in other location are. Is that legal?


Asked on 8/06/14, 9:45 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

even salaried exempt personnel are entitled to lunch and breaks to be taken at reasonable times with available. If you are denied essentially all breaks you could file suit for the time and penalties associated, including attorney fees if you win. You can start by going to the Labor Commissioner local to you and getting a pre-filing opinion from them. If the amount of unpaid wages is modest, you can file a complaint through them, and hire an attorney to represent you in the process. If the amount is substantial, at least several thousand dollars, then the attorney would likely file directly in Superior Court instead. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible,

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Answered on 8/06/14, 9:56 am


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