Legal Question in Employment Law in California

Large company not following labor laws

I work for a large company that has several hundred thousand employees working for them. The company has multiple offices in each state, and is located in several states and countries. Many of the sites have 1000 individuals working at them. The CA law i believe requires individuals to take their 30-min lunch break within the first five hours of their shift. I am hourly and work 8.5hrs a day (.5 for lunch). I normally work 730-400 but sometimes i dont get to take my lunch until 100pm -130pm. Due to the nature of the job position i have to remain on the clock until a specific taks is completed (as indicated by the employer) this would put me somewhere within 5.5-6+ hours before i get my lunch. I previously worked for another company in the same state which had to pay an hour premium to employees if their lunch ran even a minute after the 5hr mark. Is my employer breaching labor laws? If so, what can be done?


Asked on 3/31/06, 9:38 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Large company not following labor laws

The Labor Code mandates that employees be given breaks and meals on a schedule in compliance with the law, and mandates that the employer ensures the employees take them. Failure to do so results in penalties payable to the employee, including accrued overtime and interest. You can have an attorney help you file a claim with the Labor Commissioner and represent you in the hearings and trial. Expect the employer to fight this, with so much as stake with many employees. Contact me to discuss what evidence and facts you have, if interested in doing this right. As many employees as want can join such an action, contact others too.

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Answered on 4/20/06, 7:20 pm


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