Employer failed to provide breaks, lunches, and overtime pay on "hundreds" of occurences - what should I do?
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Employer failed to provide breaks, lunches, and overtime pay on "hundreds" of occurences - what should I do?
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California state law requires non-exempt employees to receive (1) 10-minute rest period every four hours worked; this break cannot be waived by the employee. A 30-minute lunch break must also be provided for any work period exceeding six hours and should be provided within the first five hours. My peers and I, on hundreds or thousands of occurrences combined, have not received our 10-minute rest period, 30-minute lunch break, or were permitted to work during these breaks.
After a year in a half in the department, once we started questioning this policy an email was sent to us advising that we are required to take a 30-minute lunch break and our 10-minute breaks are “optional” (see attached email). Additional breaks should be provided when working over 8-hours. However - we still have not received any compensation and I think CA statute is only 1-year to file a complaint.
I have prepared a letter to my employer (and copied to department of labor), is this the best option?
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Judy
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EEOC doesn't have anything to do with this, that's for cases of discrimination, not breaking other labor laws.
Reporting this to the state labor board is probably your best option if you tried to resolve this with your employer and couldn't.
Sending your employer a letter with a copy to your state labor board could also be effective, but could end up with your boss making your work life pretty miserable. I'd report it to the state labor board but not with a copy to the employer. |
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Simon
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i guess but if u dont like what they're doing why not take them to court? |
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Baby Poots
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It's an option; but, unless you are a member of a labor union, you will probably have little recourse. |
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Searcher
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This is not an EEOC complaint, as no EEOC violations occured.
However, if the labor laws in your state require breaks (they don't in Michigan, unless it's contracturally obligated or if you are under 18), then you might want to contact the National Labor Relations Board, or the state version of this. |
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Expert Realtor
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Just remember....only send the letter to your employer if you are fully prepared to lose your job.
Have you ever heard of a whistleblower that was still employed with the company that they blew the whistle on? |
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Chris E
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EEOC complaint. File one if you don't get what is due to you.
Class action suits also work, but an EEOC complaint will scare the heck out of most employers....
Chris
www.genericguidebooks.com |
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