Legal Question in Employment Law in California

Assuming you are a non-exempt employee, the law is very clear that employers must provide a 10 minute break for every 4 hours worked and, at least, a 30 minute, uninterrupted break for work in excess of 5 hours, (subject to rare limitations). Employers also must pay overtime to non-exempt employees who work more than 8 hours a day.

If these laws are being violated, you should either consult with an employment law attorney in your area, to explore your legal options, or you could file a complaint with the California Labor Commissioner, Division of Labor Standards Enforcement (commonly referred to as the Labor Board).

An employer man NOT switch to 4/40 without approval of the workers on those shifts. You have a claim you could make at the local Labor Commissioner for unpaid OT, interest and penalties. If that claim is contested by the employer, you have a right to hire an attorney to represent you. You could also directly file a lawsuit instead; if this has been going on long enough that the OT, penalties and interest you are due would be enough to justify hiring an attorney, feel free to contact me.

If you are retaliated against by the employer, that is grounds for another lawsuit. If that occurs, feel free to contact me for the legal help you'll need; I've been doing such cases for over 20 years.