Legal Question in Employment Law in California
Filing a Wage Claim in CA ?
I separated from my employer last week and am contemplating a wage claim against them.
1. They did not pay out my acurred vacation. The company document describing our benefits state; ''''...regular full-time team members accrue the following vacation time-off benefits...'' They are claiming that I don't actually earn the vacation until my anniversary date and since I wasn't there a full year I am due nothing.
2. I was never provided with a duty-free meal break because I couldn't leave my truck unattended so I am due an hour pay for each missed break. I did not sign a waiver.
3. I was never provided with ten minute breaks so I am due an hour pay for each missed break.
The lack of meal breaks and ten minute breaks are very common in this company, especially with the drivers. They just work through them.
So, do I have to ask for this money things from the company first? Or can I just file a wage claim?
2 Answers from Attorneys
Re: Filing a Wage Claim in CA ?
Yes, you may be able to file and prove a claim for unpaid breaks/meals, which would then entitle you to penalties and interest and attorney fees. Feel free to contact me to discuss the process and the legal help you'll need in pursuing it.
Re: Filing a Wage Claim in CA ?
You can file a claim directly with the DLSE if you so choose. Simply go to the nearest DLSE office and file a claim for Meal period penalties, break time penalties and unpaid vacation pay, together with a claim for waiting time penalties for not being paid your vacation pay. The statute permits recovery for up to 3 years, dependent on the wage claim.
Alternatively, if there are enough drivers involved, you could bring a class action lawsuit on behalf of all of the drivers seeking recovery for the same items (except no vacation pay recovery for current drivers) A civil lawsuit can reach back 4 years by alleging claims under the Business * Professions Code that the DLSE will not address.
If you would like to discuss these options more, please feel free to call our office.
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