Legal Question in Employment Law in California

Can I sue my current employer for not allowing me to have lunch?

I work for a federal contractor, and it is very common for us to work through our 30 minute lunch break, and either leave 30 minutes early that day, or take it at the end of the week. I have no problem with this. However, 3 different times over the last week, 2 of my co-workers, AND my immediate supervisor have harassed me for needing 5 minutes to microwave my lunch. I am also the only girl on my crew, and feel very intimidated by the other guys, and feel like I cannot actually ask for my full 30 minutes. Even if I talk to my supervisor, I feel that the joking and harassment for needing to microwave my lunch will continue.


Asked on 3/31/09, 9:15 pm

2 Answers from Attorneys

JEB Pickett Wynne Law Firm

Re: Can I sue my current employer for not allowing me to have lunch?

Federal Contractors (and even Union employees) are required to provide 30 minutes for lunch for each day if you work more than 6 hours on that shift. If you are being intimidated into not taking 30 minutes because others do not, you are being deprived of your meal break. Further, it is not legal for them to provide you those 30 minutes either at the end of the day or end of the week.

If there are quite a few employees involved, your safest course may be to bring a class action on behalf of all workers. If you wanted to pursue a claim on your own, you could go through the DLSE, however, they have not been very receptive lately with regards to meal period violation claims.

If you would like to discuss your options, please feel free to call.

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Answered on 4/01/09, 3:44 pm
Terry A. Nelson Nelson & Lawless

Re: Can I sue my current employer for not allowing me to have lunch?

You can make a claim of violation of wage/hour rules and unpaid compensation.

If you are prepared to make a claim of sexual/gender discrimination based upon those allegations, and if you have any corroboration of the 'difference in treatment' and 'hostile environment' you are being subjected to, and if you have made a complaint to management/supervision about those issues, and if they've done nothing to remedy the situation, then feel free to contact me to discuss your rights.

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Answered on 4/01/09, 6:20 pm


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