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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Can I sue my resturaunt, because I still work on my breaks!? I

Customer Question

Can I sue my resturaunt, because I still work on my breaks!?
I work graveyard and its me and one cook! If a order comes on my break im reqquired to take the order?
this restaurant is franchise.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

Are you paid for the breaks if you work through them?

Customer: replied 5 years ago.
No im not, I've worked overtime a couple times as well, but my boss asked me if its okay to put to another day because labor is high..? Idk
Expert:  Tina replied 5 years ago.
I see.

Under CA law, the employer must relieve you for your lunch period typically and cannot discipline you for taking the lunch since it is required by law. And, the employer must pay you if you work through your lunch normally.

Your recourse would normally involve filing a complaint with the state labor board, which has the authority to investigate and collect back wages owed on your behalf.

Here is a link to file a wage claim:

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Tina and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you so much, yes you answered my question... im goingff to see what I can do because it is
Expert:  Tina replied 5 years ago.
You are very welcome!

All the best to you and Happy Holidays!