Legal Question in Employment Law in California

My boss makes us sign a sheet every time on payday stating that we took all our 10 min breaks. I havent taken a 10 minute break in the 4 years that I have been there because he always has the excuse that it is "too busy". If we do not sign that paper he wont give give us our check. (I work at restaurant in CA)

Asked on 12/28/12, 5:00 pm

2 Answers from Attorneys

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If you are a non-exempt employee, you are entitled to a 10 minute break for each 4 hours worked. Being “too busy” does not excuse your employer from following the law. The fact that you and your fellow employees signed paperwork indicating you did take your breaks could make it more difficult to prove that you were denied breaks, although testimony from fellow employees supporting that you were forced to falsify the paperwork in order to receive your paycheck could overcome these difficulties. I simply would need more facts in order to fully evaluate your situation.

Please feel free to give our office a call at (415) 788-0888 in order to receive an evaluation of your specific situation.

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12/28/12, 5:42 pm
Terry A. Nelson Nelson & Lawless
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Breaks and lunches are required, regardless of 'how busy'. If denied, you have a claim for unpaid wages, OT, penalties and interest, that all add up to substantial amounts. If you win your case, you are entitled to your attorney fees.

It is a violation of the Labor Code to try to make you sign a false statement like that, creating another cause of action for you in a lawsuit.

If serious about pursuing your claims, feel free to contact me for legal help.

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12/29/12, 3:33 pm

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