Legal Question in Employment Law in California

Just wondering?

I work for a big corporate restaurant. 30 minute breaks are mandatory for all employees. However, sometimes breaks are not administered at the proper time and employees go over their 6 hours and don't get a break. Our managers have us fill out a ''white sheet'' that both employee and manager must sign allowing management to alter our time records. We then have to write what time we clocked out for our break and what time we clocked back in even though no break was administered and we worked over 6 hours. Management then alters our time sheet to reflect the extra 30 minutes. Is this legal?


Asked on 9/25/08, 7:55 pm

2 Answers from Attorneys

Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Just wondering?

No this is not right. Contact my office directly. We are currently handling very similar cases. We can discuss your situation with a FREE consult.

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Answered on 9/27/08, 3:01 pm
Terry A. Nelson Nelson & Lawless

Re: Just wondering?

No. Obviously not.

If you want to pursue the matter, and can prove what you say, you can file a claim with the Labor Commissioner, or file a civil suit, for denial of breaks and unpaid time, penalties and interest. If this applies to multiple people over a period of time, have them join you in this claim, and I'd be happy to discuss your rights and remedies. The penalty provisions make it economically worth doing.

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Answered on 9/26/08, 1:54 pm


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