California Employment Law
California Employment Law Questions Answered by Legal Experts
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First, let me say that I am terribly sorry to hear that you are in this situation. It is a shame when an employer makes a decision without legitimacy, especially when that decision is quite frankly wrong. Your employer is required to pay you for all hours worked or at the discretion of the employer. This means that you are entitled to be paid for all time where you are under the direction and control of your employer.
Welcome to the chat.
The good news is that there is a relatively easy fix to your problem.
All you need to do is file an unpaid wage claim for all of these lunches here:
They will do an investigation and make sure you get paid.
However, if you would prefer to go to court, and make sure to get paid the amount you are owed, as well as additional money, that is entirely within your right.
If you do that, however, you should consider getting an attorney involved.
If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.
So even though we are "out of the office" it is still considered work
As long as it is for the benefit of the employer yes. An employer MUST allow you to do whatever you want during your lunch break if they want it to be unpaid.
Is there a specific statement in employment law that states that?
More about your rights concerning this can be found here:
Unless the employee is relieved of all duty during his or her thirty minute meal period, the meal period shall be considered an "on duty" meal period that is counted as hours worked which must be compensated at the employee's regular rate of pay.
Not a problem. Does this fully answer your question?
Yes, thank you for the prompt response!
Not a problem. It is a shame when an employer tries to take advantage of their employees, and I am always happy to get people pointed in the right direction. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.
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Thank you , I will.
Have a wonderful rest of your day.
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