Legal Question in Employment Law in California
I recently walked out on my job because the owner(s) were being abusive. They were using intense fear, pressure, and intimidation on me. They never give me a chance to defend myself, and they are always right, never taking responsibility for anything, and blame me for everything. They use control, quick and snappy aggresive questions which put me in a fearful state, and everytime I respond, its just not even acknowleged. One time she said, "that is not a good enough excuse". She stares me down with an intimidating look that is so rude, disrespectful, and controlling. I couldnt take it anymore after 7 months, and I bursted into tears, and said Im going home for the day, which I decided to quit. They also do not give 15 minute breaks. We are given a 30-60mins for lunch, but no breaks. Ive been told that in the state of CA, employers are required to give 8 hour shifts a 30min lunch AND one 15 minute break. This is just a small family operated business. Is there anything I can do??
3 Answers from Attorneys
You could sue if they violated labor laws but most small business are exempt from various laws.
I hope Isi's malpractice insurance is paid up if he answers his clients as badly as he answered you. No one is exempt from wage and hour laws except the government and some companies under union contracts that modify provisions of the labor law that are allowed to be modified by union contracts. You were entitled to two paid breaks in addition to your unpaid meal break for every shift over six hours. You can recover damages for not being given your breaks by filing a claim with the CA Dept. of Industrial Relations, Bureau of Labor Standards Enforcement. Local offices are in the phone book, and they are online. I believe you can even initiate a claim online these days.
To clarify my statements that some businesses such as small business are exempt from various wage laws. State employees are exempt from various wage laws. Cal Lab Sec 220
Also I said most small business are exempt from "various laws". I didn't say that specific as there was not enough facts about this issue. Also the employee may be exempt as well. There are also exemptions for certain industries.
This was a general answer and I disagree with the claim that "NO ONE" is exempt because there are definitely some that are exempt from break periods.
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