Legal Question in Employment Law in California
No overtime/breaks
We have not been paid overtime or been given breaks at my old job (department of education for a county in southern california). It may not equal over 40 hrs a week but there were days where we would work up to 14 hours. We were never given any resting breaks or lunch breaks. We have been in touch with HR for a year about this and just today they sent a breakdown on how they will pay out the hours for the employee they have been in contact with. but it does not seem right and they are still not addressing the lack of break periods. I do not know what our rights are here or if we even have a case. what do i do?...do i make a complaint to the labor board? do i take it to court? There are about 40+ employees that this has happened to.
2 Answers from Attorneys
Re: No overtime/breaks
I would have assumed that you have a union and collective bargaining agreement under which you could file a grievance. If not, then you can file with the Labor Commissioner for unpaid comp, interest and the monetary penalties imposed for break and pay denial [they are substantial]. You would also be entitled to claim your attorney fees. If you are serious about doing so, feel free to contact me for the legal help you'll need. Don't accept any agreements unless you are satisfied with the settlement in full.
Re: No overtime/breaks
I suggest that you speak with an attorney familiar with wage and hour law AND class action experience. I may be able to recommend a few in southern California. You must be very careful, some of your legal rights may expire within one year of termination. Also, you should know that the issue of meal and rest breaks is currently before the state Supreme Court--and is not as crystal clear as it once was. Feel free to contact me with further questions.
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