Legal Question in Employment Law in California

Hello. I live in Los Angeles. I worked at a restaurant for 2 1/2 years. Several times with several different managers, I would ask to take my 10-minute, on-the-clock break. Each time I would ask a manager about this, they were ignorant to the fact that such a law even exists saying I'm entitled to this break, and I would not be able to take it. I would have to get off the clock if I wanted to take a 10-minute break. I am about to go through the State of California Division of Labor Standards Enforcement to file a complaint. My question is...I was on unemployment for a portion of the time I was employed by this restaurant, because tips and business had dramatically decreased there. I was just told by the Department of Unemployment that I had calculated some of my wages wrong, and I owe the Department of Unemployment money. I am currently paying them back. If I go through with this Division of Labor claim, could the restaurant pursue fraud with me with the discrepancy I made with Unemployment. Or, do they even know about this Unemployment accidental discrepancy?


Asked on 4/18/11, 3:43 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

I don't see what relevance the unemployment issue has in relation to the break issue. If the employer has denied you legally mandated breaks, they don't get off the hook because you failed to report wages to the EDD. A lawyer may argue it shows you cannot be believed, but I think the DLSE will not care about that if you have evidence to prove you were not permitted to take breaks.

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Answered on 4/18/11, 4:10 pm


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