Legal Question in Employment Law in California
Meal Period/Lunch Violations
I currently work for a small company that employs about 100 people among two retail stores, an office, a warehouse and call center. I was reading about meal time violations and see that my company does NOT pay for lunch period violations. I as a manager with the company take one 10 minute paid break (un documented) and a half hour unpaid lunch. Our lunches are sometimes NOT taken before the first 5 hours, and sometimes are taken late into the day. I am scheduled 10 hours a day.
My District Manager stated that our company is NOT liable for meal time/ break period violations because the size of our company? I find this very hard to believe as I am under the impression that California Labor Code 226.7B apply to ALL EMPLOYERS?
I have been with the company for 4 months now. I feel that its not fair that my employer is not paying for missed breaks/meal period violations. Would I, as well as the rest of the employees have a claim?
1 Answer from Attorneys
Re: Meal Period/Lunch Violations
You are correct - "Small" companies such as your employer are not exempt from California's wage and hour laws. Two questions: are you paid hourly or on salary? And, do you have any reason to believe that your coworkers are also being denied their full rest and lunch time, and overtime?
I am currently involved as counsel in a large class action involving wage and hour laws. You can find more about this other case at www.salvationwagelawsuit.com
If you are interested in a further consultation, please contact my office.