What do I do if my employer has not been giving breaks or lunches?

Currently I work 7 hour shifts, I know i get a 10 and a 30 but due to my job I am driving from place to place in the work day. I am not alotted enough time to get done everything so I’m forced to not take a lunch or a 10. Previously I worked for the same company in a different position. Working 5-6 hour shifts and was advised to work through my breaks to get done on time. Do I have any legal standing for a case? What steps should I take in order to come to a resolution?

Asked on May 31, 2016 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In CA, most workers must be receive “penalty pay” for any missed breaks or meals. If they miss one or both rest breaks, they must be paid 1 hour penalty pay. They can be paid up to 2 hours penalty pay for their work day (1 hour for a missed meal break, 1 hour for missed rest break/s). Penalty pay is not counted towards overtime. At this point, you can file a claim with the the Department of Industrial Relations and/or consult directly with a local attorney. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.