Ive never had 30mins break

I worked at a caffe for almost 5months.
But I never had 30 mins break even though I work 10 hours per day.
I have last 5 months schedule with me. The boss never told us we can take
30 mins break when I work more than 6 hours. So No one at the caffe had
30mins break even thou they worked more than 6 hours per day include me.
I did not know about this labor law. Recently, I am working at better company
and they said I can take 30 mins break when I work more than 6hours or 10
mins break every 2 hours.
But I never had this kinds of break when I worked at crazy caffe.
Can I sue the boss? Can I win? How can I sue him?

Asked on May 29, 2016 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Not getting a break is not something you could receive compensation for aftet the fact, after you no longer work there. If you were not paid for all the time you worked however, including overtime when you worked more than 40 hours in a week, you could seek the unpaid wages. You would speak first to the state department of labor to file a wage complaint; if under the circumstances of your particular case, they can't help you, you could sue in small claims court in a pro se (as your own attorney) basis, to save on legal fees.


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