Legal Question in Employment Law in California
Regarding lunch breaks & final pay from termination
I have been working for a retail company as a Assistant Manager for 3 months now, I was told when I was hired that Managers were not allowed to leave the store during a lunch break and would be paid because we would not be getting one, Since i started I have only been paid for that 30 min lunch period daily, not the extra hour that is stated in the California Labor Code 226.7. I was also terminated by a Loss Prevention employee and have not recieved my final pay in 72 hours, I do not have copies of my time sheets, what can I do to resolve the fact I was not paid for the extra hour or my employer going over 72 hours to give me my final pay?
3 Answers from Attorneys
Re: Regarding lunch breaks & final pay from termination
One alternative is to file a complaint with the California DLSE. You can find the nearest office here http://www.dir.ca.gov/dlse/districtoffices.htm
The question lacking in your facts is did you work 8 hours a day with 1/2 hour paid lunch (i.e., 9 - 5 straight) or were you scheduled more than 8 hours per day? This question effects your damages. If you were terminated, the general rule is that you must be paid immediately, not 72 hours, and under certain conditions your employer may owe waiting time penalties for the failure to properly pay you upon termination.
I would be happy to speak with you regarding your situation. Please feel free to call 1 (800) 447-5549
Re: Regarding lunch breaks & final pay from termination
file your claim with the CA Labor Commissioner. You may want legal help and representation during the hearings and trial.
Re: Regarding lunch breaks & final pay from termination
D- call again, I have a few more questions for you regarding your employment. THanks
(800) 447-5549
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