California  |  Employment Law

Legal Question

Asked on: 5/14/13, 12:00 am

What do I need as proof my employer is violating rest period breaks for a major widespread infraction.

They have no defined policy, and shun anyone who asks to take a break, so we all work 5 hours, 1 hour lunch, 3 hours.

Beyond showing they are not recorded, I actually had a recording talking to the HR rep and OPs manager for the company stating "they dont know how to let us know we can take breaks" and that "people prefer not to take them (mind you i asked a bunch of employees and they never heard of even having an option) , and lastly that "everyone takes 4-5 breaks a day, when they get water.".

To my knowledge rest periods in California have to be uninterrupted.

Is there anything else I would need to cement my case to submit my forms to the Labor Commissioner?

1 Answer


Answered on: 5/14/13, 12:53 am by Charles Perry

Without a detailed interview of you, it is not possible to know if there is additional evidence that you can or should present to the Labor Commissioner.

If this is a company-wide problem, it may make sense for you to communicate with an employment-side labor lawyer who handles wage and hour claims. There is a California law called PAGA, which would allow you to pursue a representative action on behalf of all employees in court for penalties against your employer.

Of course, you can also pursue your claim before the CA Labor Commission.


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Law Offices of Charles R. Perry 1500 Bayberry Street Hollister, 95023

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