CAN HE DO THAT?, basically i work graveyard , I have been working it for 10 years straight by myself.. i never got breaks or lunches because there was no one there to relieve me.. that was pretty bad, so they always granted me a wage increase, on performance, because they saw that i was working very hard.. i kept complaining i was too busy by myself. i had a nervous breakdown i never told the company for fear i would lose my job , finally they started adding more people 1 by 1, now i have 6 graveyard operators.. so that meant there needed to be someone who could oversee their work.. that ended up to be me.. they worked me as a supervisor, never taking me into their office to review my pay and give me a official title. i did all the reports they requested.. on friday they took me into their office and said, i cant be working graveyard anymore they said they dont need a supervisor on the shift anymore.. i said.. okay.. ill just go back to being a operator. they said they would have to take my pay away.. 2.00 because supervisors make 15.00 and operators top off at 13.00 ... but.. i was making 15.00 way before i took on supervisor duties.. what can i do? i have been working for the company for 14 years.. they want to sweat every last penny out of me.. i have already worked myself to the bone, working without breaks or lunches.. straight thru.. can anyone help me with any suggestions.. ??

Yes, he may. The only thing the law requires is that you be paid at least minimum wage and that you be notified of any decrease in pay prior to working the hours at the decreased rate.

Now, if you were always a nonexempt employee, you were entitled to meals and rest periods, and there are penalties for you if you did not get to take them. File a claim with the Division of Labor Standards Enforcement. Did they KNOW you weren't taking meals and rest breaks? And were you paid for working through your meal periods?

My weekend job where yesterday was my last day was busted some time ago for not letting employees take breaks. So they tend to be overly paranoid on employee breaks.

Even yesterday they threw a party for me, bought me cake, pizza and the head manager said that I was one of his best employees,etc..

I told them that I would subtract a break because of the party, but they still wanted me to take my breaks.

So dude if you are in California you are entitled to 2 10-minute breaks.

If you report your employer, they may get busted, and then they may end up being overly paranoid about employee breaks.

If you report your employer, they may get busted, and then they may end up being overly paranoid about employee breaks.

Your point being?

Your point being?

Based on the WHOLE post, he just seems to be saying (read his situation later in the post) that the employer goes from one extreme (illegally not allowing them) to making sure under all circumstances that it is taken, even though the employee himself considered his going-away party as 1 long break!

Based on the WHOLE post, he just seems to be saying (read his situation later in the post) that the employer goes from one extreme (illegally not allowing them) to making sure under all circumstances that it is taken, even though the employee himself considered his going-away party as 1 long break!

Thats exactly correct. They used to not allow breaks, or yell at you for taking them. This was the way they were when I worked for them the first time back in 1997. But ever since I came back in 2006, they seem really obsessed about all employees getting both their breaks.

Thats exactly correct. They used to not allow breaks, or yell at you for taking them. This was the way they were when I worked for them the first time back in 1997. But ever since I came back in 2006, they seem really obsessed about all employees getting both their breaks.

And it's very possible that they had to pay fines/penalties, so they're cracking down so they don't have to pay any more. :eek:

And it's very possible that they had to pay fines/penalties, so they're cracking down so they don't have to pay any more. :eek:

Thats my theory.

So the point being that one should take their breaks, and if they are denied, then they should report. However as a Christian, I think its better to at first be graceful, and grant them mercy. I would not report them, until there was a strong reason to do so.

Thats the way I'd approach the situation.


John