Legal Question in Employment Law in California

BreakTime Denial & Discrimination

I have been denied 10 minute break time even if I worked more than 8 hours non stop except lunch break. I have been with this compagny since October 2006 and I only got an okay for one time 10 minutes break.

I am in California - Los Angeles and I need someone to help take the case to court. Most of the lawyers I contacted wanted more than two people so they can file--name removed--class action law suit.

Please help.


Asked on 5/10/07, 6:53 pm

4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: BreakTime Denial & Discrimination

You should file a claim with the Labor Commissioner for the unpaid compensation, penalties and interest. That's what they are there for. You can handle it yourself, or can hire counsel if you need help in the hearings. As you may have guessed, since the amount due you is not that high, the attorney fees would eat up a large portion of your recovery; however, if the company fights it all the way through court and loses, then any attorney fees you have spent will be awarded you in a civil judgment.

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Answered on 5/10/07, 7:09 pm
Terry A. Nelson Nelson & Lawless

Re: BreakTime Denial & Discrimination

You should file a claim with the Labor Commissioner for the unpaid compensation, penalties and interest. That's what they are there for. You can handle it yourself, or can hire counsel if you need help in the hearings. As you may have guessed, since the amount due you is not that high, the attorney fees would eat up a large portion of your recovery; however, if the company fights it all the way through court and loses, then any attorney fees you have spent will be awarded you in a civil judgment. Feel free to contact me if interested.

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Answered on 5/10/07, 7:09 pm
Scott Linden Scott H. Linden, Esq.

Re: BreakTime Denial & Discrimination

Step One: Call the Department of Labor here in CA. This is something they will handle immediately.

If that does not work,

Step Two: Contact our office to discuss the details in private. I was the HR Director for a large nationwide company so we may be able to assist you.

I can be reached through the contact info provided here on LawGuru or through our firm's site at RulesofEmployment.com

Scott

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Answered on 5/10/07, 7:18 pm
Claude Manookian Claude M. Manookian, Esq.

Re: BreakTime Denial & Discrimination

You should file a claim with the DLSE for the unpaid wages, interest and penalties. This is a very simple process and you should be able to do it yourself.

However, if you need assistance contact my office to discuss further.

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Answered on 5/13/07, 2:40 pm


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