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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I have a pending civil lawsuit against my previous employer

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I have a pending civil lawsuit against my previous employer for misclassification of employment status. In this lawsuit I am seeking for rest and meal breaks which I was not allowed to take during the five years I worked for her. I have also filed an SS-8 form with the IRS and other proper foms with EDD for an open investigation and correction of employment statuts. My question is, can I directly file with the Labor Board for the rest and meal breaks that I was not allowed to? Or must I keep the attorney. Or do I file with the Labor Board, and then dismiss the pending action?

I'm sorry to hear about your situation and hope I can help.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Yes, you can file a wage claim with the Labor Board and dismiss your attorney and the pending case.

You are definitely under no obligation to keep your attorney on if you are dissatisfied with his work.

Additionally, since there is no cost associated with a wage claim, I always advise employees to file wage claims instead of hiring attorneys to pursue back wages or payments for missed meal and/or rest breaks.

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

Customer: replied 3 years ago.

Thank you, Joseph. So, let me see if I have this right, I can file with Labor Board for misclassification of employment status and for rest and meal breaks, correct? Also, I can dismiss my attorney, but do I dismiss my attorney and the pending lawsuit, after I have filed with the Labor Board? Also, can an attorney file a lien with the Labor Board for atty. fees and costs? I have been handling all the paperwork with the IRS and EDD. EDD Special Unit has just recently corrected by my working statuts as an emloyee and not a an "independent contractor"; they have depoisted money into my fund, and should be receiving benefits shortly. I still have the IRS pending. What is the Statutute of Lijmitation in this case? I would like to get my rest and meal breaks that I was not allowed during these five years. Thank you.

Yes, you don't have to dismiss your attorney and the pending lawsuit until after you file with the Labor Board. Although you can do so before if you so choose.

No, an attorney could not file a lien with the labor board for attorney's fees and costs. The attorney would need to sue you to try to retain fees and costs if you don't pay what he believes he is owed.

The statute of limitations on unpaid meal and rest breaks is three years, so you can't recover for the first two years where you didn't receive the meal and rest breaks you were entitled to.

Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi Joseph, are penalties applied to rest and meal breaks?
Customer: replied 3 years ago.

Hi Joseph, I emailed you a little bit ago, and have not received an answer. Let my try again. My question is does the Labor Board apply penalties to rest and meal breaks? If so, what are the appropriate penalties for such? Thank you, Joseph. Lily

Hello Lily,

I didn't receive your first response.

Yes, the penalty is an hour's worth of wages per meal and rest break period missed.

So, if you had two rest breaks and one meal period missed in a day, that would be three hours of wages. If every day for a week, working full time, it's 15 hours.