Legal Question in Employment Law in California

....Should I retain a lawyer or talk to human resources ? for approximately 4 1/2 years I have worked security for a country club who said we are "security" and we have to work through our lunches because we are paid for them, also we do not get breaks or paid for over time... some officerw have already retained counsel, but i have not... our work is trying to make us sign arbitration paper work currently... encouraging us to solve any legal issues out side of court... Should I approach the company regarding being compensated for those issues or retain a lawyer as well ?


Asked on 2/06/14, 5:00 pm

3 Answers from Attorneys

Aryeh Leichter Leichter Law Firm, APC

Unless you signed an on-duty meal period agreement or did not work a certain number of hours, you are probably entitled to compensation for those breaks. If you would like to discuss the matter further, please give me a call at (213) 381-6557 or send me an email at [email protected].

Best,

Ari Leichter

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Answered on 2/06/14, 5:04 pm
Terry A. Nelson Nelson & Lawless

Employees are entitled to, and must be provided, meal breaks of at least 30 minutes in the middle of shift, and breaks in the morning and afternoon segments of their shift. If not provided AND taken, they are entitled to make a claim for unpaid compensation including OT for the time, interest on the amounts due, monetary penalties on EACH denied break or lunch, and to recover their attorney fees if successful in the legal court action. In addition, if there is any retaliation for seeking your rights, that is grounds for a separate cause of action that includes penalties and attorney fee recovery. You are not obligated to sign retroactive arbitration agreements or any other waivers of your claims. Sure, you can agree to settle outside court, but are you able to get full value settlement without counsel??

If serious about pursuing this, feel free to contact me.

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Answered on 2/06/14, 5:49 pm
Kristine Karila Law Office of Kristine S. Karila

Act quickly by calling an employment law attorney because the statute of limitations/deadline for an overtime claim is only 3 years and sometimes 4 years IF your attorney can raise an unfair business practice claim. If you worked over 8 hours in a day OR over 40 in a company workweek, you are owed time and one-half and double time for any hours over 12 hours in a day. You may be owed overtime plus 10% interest and one hour of pay for each break or meal period in which you were not "given the opportunity" to take. Do NOT sign an arbitration agreement without consulting with an employment law attorney first.

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Answered on 2/07/14, 11:27 am


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