Legal Question in Employment Law in California
Rest period wage claim
I have never received rest periods at my company. I've found out I don't meet dol exemptions. I filed a claim and put into writing to my employer that I wanted them to honor my rest periods required to me by law. I received a response letter stating that rest periods need not be consecutive, and that if I am at my work station and no customers come in for 10 min, that this constitutes a rest period. Don't they have to take place away from the work station. We do have a breakroom, and don't they have to be consecutive 10 min?this is circumstantial and seems unfair. I need answers. What can I do to strengthen my claim. Will this letter be enough? Also my employer required all of us employees to consent to arbritation, am I even allowed to file a wage claim? This is really unfair I had asked about other breaks besides the meal break and was told no, but we could run next door to 7 eleven and grab a snack and come right back. Can they claim this as a rest period? 7 eleven is literally next door. I work at a check cashing chain and we are constantly getting customers, either cashing checks, paying bills, sending and receiving western unions and purchasing money orders, and answering phones, filing etc. Help!!!
2 Answers from Attorneys
Re: Rest period wage claim
Based upon what you've told me, this practice would be illegal. I am happy to send you an article that I recently wrote on this topic and speak to you about your claim. Please contact us at (510) 891-9800 to discuss further.
Re: Rest period wage claim
The 10 minute breaks required by California law must be a consecutive, uninterrupted 10 minutes for every four hour work period. Failure to provide the breaks can result in a penalty of one hour of pay for each day where breaks are missed. The employer must authorize and permit the breaks or be subject to the penalty.
If you would like assistance in this matter, feel free to contact me.
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