Legal Question in Employment Law in California
I work 8 hours a day at my current job without a meal break or any break for that matter.From my understandnig of CA state state law I am owed an extra hours wage. I have been working for my employer for 3 months now and have yet to be paid properly. I am unsure if this has been done in bad faith or ignorance of the law. I am the only income for my family and can not afford to lose my job. I wish to bring the issue to my manager's attention but am deeply concerned of retaliation even though I am aware that retaliation would be illegal. I am concerned that if i mention this issue, that from then on I will be required to take a meal break and that would be a fincial loss for myself and my family. What would be recomment to deal with this without creating a hostile work enviorment for myself? The buisness is very unprofessional, and I do not doubt they will continue to be unprofessional & break the law. If i mention my concern and in responce am retaliated against, what would be my next step? Also there is no break room area for employees or are they any CA mandiated employee info posted. They are also not OSHA compliant.
2 Answers from Attorneys
If you are retaliated against, you should seek the advice of an attorney that handles employment matters for employees. Indeed, you may wish to contact an attorney to help you prosecute your claim for unpaid wages even if there is no retaliation. You could also contact the California Department of Labor.
Quite frankly, there is no reason why you should subject yourself to an unprofessional employer. It may make sense for you to look for another job and leave this employer to his or her fate. I realize this is not easy, but it may ultimately be your best course of action.
If you are a nonexempt employee (depends on duties, etc.), you must be provided with the "opportunity" to take at least one unpaid 30 minute duty-free meal period (and they can require you to take it) and at least 2 paid 10 minute duty-free breaks. If you were not provided the opportunity to take any meal period, you are owed 1 hour of pay. Additionally, if you were denied the opportunity to take either break in a workday, you are owed one hour of pay. It is unlawful for your employer to retaliate against you for asserting your right to meal periods/breaks and the employer can require you to take them, including the unpaid meal period.
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