Legal Question in Employment Law in California
I work In a small company with 50-60 seasonal employees. Employer does not allow us to take any breaks during 8 or 9 hour long shifts. No lunch breaks or no rest breaks. But they tell us to mark our time cards as if we took half hour lunch breaks. Otherwise they tell us that those timecards without showing lunch breaks will not be processed unless we submit the new ones that shows the lunch breaks like we took it.
This is an ongoing practice for this company and There is no change since last two years which I work for them.
When I told them that 9 hrs work (while standing) without a lunch break or 15 minute rest breaks are really hard on my body ( i am 52 yrs old ) I have been told to look for other jobs.
What can I do?
3 Answers from Attorneys
File a claim with the Division of Labor Standards Enforcement of the Dept. of Industrial Relations.
You have the right to file a lawsuit against your employer for failure to provide breaks and failure to pay overtime. If, as you state, this is a policy affecting all 50 - 60 employees, you might be able to pursue this as a class action on behalf of all affected employees. The employer could be found liable to pay your missing wages and pay a premium for missed breaks, as well as interest on that money and other statutory penalties.
My firm handles these types of claims in association with other southern California firms that specialize in class actions. If you would like a no obligation consult, you can call my office toll free at 800-988-4807.
Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the LawGuru website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. The Law Office of Herb Fox does not and cannot warrant that any communication between the user of this Web site and the Law Office of Herb Fox shall remain confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.
Employees are entitled to a break away from their post in the middle of every 4-5 hour period, and to a lunch break in the middle of every 8-10 hour shift. Employees are entitled to OT for anything over 8/40 hours, or 10/40 if on a 4 day/40 schedule. If those rules are violated, you can pursue a claim for unpaid compensation, interest and penalties, through the Labor Commissioner or by filing suit. If this applies to many employees, they should all join together for safety and strength in numbers. IF serious about pursuing this, feel free to contact me. If the action is successful, you are also entitled to your attorney fees.
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