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CA motel, no meal and rest period

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  • CA motel, no meal and rest period

    I work in California at a motel. I work 8 hour days but i do not recieve my 30 minute uninterupted meal period or my 10 minute rest periods. I have been reading the California Labor Code. The labor code says if i dont get a 30 minute uninterupted meal period my employer has to pay me an additional 1 hour of pay at my regular pay rate for each day that a meal period was not provided. The labor code also says i should be compensated the same way if i do not recieve my 10 minute rest periods.
    I have worked for this company for 3 1/2 years. Should i be compensated for everyday in the last 3 1/2 years?
    I have also been reading the Industrial Welfare Commision Order. This says that i might be exempt from the Labor Code because i do office and non-manual work( Adminstrative Exemption). But in the administrative exemption section part G it says: such employee must also earn a monthly salary equivalent to no less than two (2) times the state minimum wage for full-time employment.
    I am paid less the two (2) times the state minimum wage for full-time employment. Do this mean that i am not exempt from the labor code and that i am entitled to be paid for the missed meal and rest periods?
    If someone could please help me it would be greatly appreciated.

  • #2
    Exemption

    Yes, if you aren't paid twice the minimum wage for the state, you are considered as 'non-exempt". Therefore, you are entitled to receive meal breaks and rest periods. I don't know if you are a person with sole responsibility at the motel, as described on the following website: http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm If you are, there is an exception to the meal period rule if there is an agreement between you and your employer. Information on rest periods may be found at: http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm

    Those websites also give information about filing a wage claim. You should do that as soon as possible as there is a statute of limitations. Also, if you are concerned about retaliation from your employer for filing the wage claim, retaliation is illegal. Your employer can get into a lot of trouble for taking negative action against you because you filed a complaint.

    If you would rather not bring the state into it, you can talk with your employer, showing how they are in violation of the law. You and your employer may be able to reach a settlement on the money due to you. If it is resolved to both your employer and you satisfactorily, it may place less pressure on the relationship between you and your employer and your employer will appreciate it.

    Let me know if you have any other questions.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      Exemption

      Thanks for the quick response. I am not solely responbible for the motel. There is always a manager on the property. I have no verbal or written agreement with them waiving my meal period. Thanks for the advice and the links to those websites.

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