I appologize in advance for the length of this thread, but I want to make sure that I put all the facts that I can out there to gain an informed response.

So, I have a unique situation. (as i'm sure everyone does)

I was working for a local company as an installer. Paid per job, not hourly. Throughout my entire employment I rarely had lunch breaks if a break at all. A recent stretch of 2 weeks of work without a day off pushed me to find other employment.

During my employment my vehicle was broken into, stolen and all the items inside were also stolen. On the list of Items were a bunch of my boss' tools that he was loaning me to get the jobs done.

The vehicle was parked in my driveway and I currently have a claim out with my insurance company to reimburse me for the loss.

My questions are:

1. Does my boss have the right to refuse to pay me until he recieves compensation for his loss?
2. Since I was not an hourly employee do I have the right to file a claim for my missing meal/break periods?

Thank you in advance for your help.

-K

1. Does my boss have the right to refuse to pay me until he recieves compensation for his loss?

No.

2. Since I was not an hourly employee do I have the right to file a claim for my missing meal/break periods?

Q. What kind of breaks do I get?

A. Rest periods are based on the total hours worked daily at the rate of 10 minutes for each 3 1/2 hours worked. An unpaid meal period of 30 minutes of uninterrupted time shall be authorized for an employee working a continuous period of 8 hours.

I have NO idea what you can do about not getting the breaks.

thank you again for your response. I've read what constitutes a break, and that applies to me even though I'm not an hourly employee, correct?

Thanks again and I will be seeking an attorney.

Yes, the break rules still apply to you, since you would be a nonexempt employee; your pay package is irrelevant. However, whether or not there is additional pay required, I don't know. Give the DOL a call.
http://www.laborcommissioner.com/contact.htm