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LegalKnowledge, Attorney
Category: California Employment Law
Satisfied Customers: 23444
Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I need to write a demand letter to my employer for meal

Customer Question

I need to write a demand letter to my employer for meal breaks and 10 minute breaks. I am owed money and want help writing this letter to the ceo before going to the dlse.
Submitted: 1 month ago.
Category: California Employment Law
Customer: replied 1 month ago.
The demand letter is for not providing me with a 30 minute uninterrupted break as required by law after 5 hours of work
I also never received a 10 minute break.
This letter is meant to demand my money before I start a collective action lawsuit or go to the dlse to get my money
Expert:  LegalKnowledge replied 1 month ago.

Good morning. I certainly understand the situation and your concern. In your letter, the most important thing to do is lay out what the lay says/requires and then apply it to your specific situation. I say this because you can clearly show your employer what they are in violation of and what the consequences can be. Under California law (IWC Orders and Labor Code Section 512), employees must be provided with no less than a thirty-minute meal period when the work period is more than five hours (more than six hours for employees in the motion picture industry covered by IWC Order 12-2001).Unless the employee is relieved of all duty during the entire thirty-minute meal period and is free to leave the employer's premises, the meal period shall be considered "on duty," counted as hours worked, and paid for at the employee's regular rate of pay. An "on duty" meal period will be permitted only when the nature of the work prevents the employee from being relieved of all duty and when by written agreement between the employer and employee an on-the-job meal period is agreed to. The test of whether the nature of the work prevents an employee from being relieved of all duty is an objective one. An employer and employee may not agree to an on-duty meal period unless, based on objective criteria, any employee would be prevented from being relieved of all duty based on the necessary job duties. Now, you also need and want to calculate what you are owed. . If your employer fails to provide the required meal period, you are to be paid one hour of pay at your regular rate of compensation (this is referred to as meal period premium pay) for each workday that the meal period is not provided. If your employer fails to pay the additional one-hour's pay, you may file a wage claim with the Division of Labor Standards Enforcement. You can also advise if this is not resolved, you will file a wage claim and let the State handle it, which could be problematic for the company and your employer.

Customer: replied 1 month ago.
Can you help compose the letter?
Expert:  LegalKnowledge replied 1 month ago.

That is outside the scope of what the site allows, so I am sorry but I can not directly do that. However, I am happy to answer any additional questions which you may have, since I have shared with you above, what the law requires and allows and you can apply it to your situation, to support your monetary demand.

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