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?


Asked on 5/30/08, 1:17 am

1 Answer from Attorneys
Herb Fox Law Office of Herb Fox

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.

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Answered on 6/02/08, 5:04 pm


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