Legal Question in Employment Law in California
I work as a pinsetter technician (mechanic) at a bowling alley. For almost three years I've had to work continuous 8 1/2 hour shifts without being relieved and frequently get docked the half hour overtime. I've brought this up to multiple supervisor's and they either assure me it will be corrected or that they don't have the budget for the overlap. I was even told by my boss that I had signed something which allowed them to work me through my lunch. I spoke with the general manager of the center in June, had her pull up the DOL page on rest periods, yet the practice has continued. There are also other factors that may or may not play into this that I would also like to discuss. I have on me schedules of the past 18 months or so, but could easily get the rest of the information. If this seems like something that would be able to be settled in (or out) of court please let me know what actions I should take or if we could set up a consultation. Thanks in advance and please don't hesitate to ask if you need more info.
2 Answers from Attorneys
Under California Labor law, a non-exempt employee (of which you are appear to likely be) is entitled to overtime at the rate of 1 1/2 his/her regular hourly wage for any hours worked beyond 8 in one day or 40 in one week.
Likewise, a non-exempt employee working 8.5 hours in a day would be entitled to a 30-minute lunch break and at least two 10-minute rest breaks. A "waiver" of the lunch break is only effective when in writing and only if the employee has not worked more than 6 hours in a regularly scheduled workday. As such, there does not appear to be an effective waiver, if any, under the facts you have laid out. Moreover, even when a waiver is properly implemented, it may be rescinded at anytime in writing by the employee.
To discuss your particular situation in greater detail, including the other "factors" you allude to, call or email my office for a FREE Consultation. In many circumstances, we accept representation of clients on a contingency fee basis - which means we only get paid if you recover money as part of the case/settlement.
Raphael A. Katri
LAW OFFICES OF RAPHAEL A. KATRI
(310) 940-2034
www.SoCalLaborLawyers.com
You appear to be entitled to OT for over 8 hours, unpaid time for denied lunch & breaks, penalties for denial of such breaks, interest, and if you win, attorney fees. You can look back at least three years for claims. You start either by filing a claim with the Labor Commissioner, or a civil suit. The sooner you start, the sooner this is corrected. If serious about pursuing this, feel free to contact me. If retaliated against by mgmt, really contact me, that is grounds for whole new claim with value.
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