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DOL claim California

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  • DOL claim California

    I filed a claim with the DOL in regards to improper breaks and luches. My ex-employer made us work from 8:00am to 1:45pm during the summer without giving us a lunch break. During a normal work day (8:00 - 5:00) we were never given any breaks. Our lunches varied from 1 hr to 2 hrs. or sometimes we closed 15 min. early, which they felt made up for breaks we didn't get.
    Now when I filed the claim it requsted a total dollar amount that was owed to me. Here are my questions:

    1. I requested a copy of my employee records which I thought should include an attendence record and my time sheets. H.R. responded by saying that I am only entitled to forms I have signed, i.e. changes in policy. Is that correct. And how long do they have inorder to to supply me with the information I requsted - it's been three weeks.

    2. How accurate do I have to be on the claim form with DOL? Can I give an estimated amount and advise them that H.R refuses to give me the information?

    3. I did advised H.R. that I had filed a complaint and her response was that we were given breaks because we were allowed to use the restroom or get something to eat or drink. Is that really considered a 15 min. break even though we took our "snacks" back to our desk and continued to work? They never allowed us to use our cell phones while on the clock or take care of personal matters, that was what our lunch break was for. Is H.R just trying to get me to discontinue with the claim?

  • #2
    1.) Yes. In your state you are entitled to a copy of anything you have signed, but only what you have signed.

    2.) Yes, that's how I would recommend you proceed. You don't have to prove what you worked; the company has to prove you didn't work what you say you did.

    3.) No, that's not a proper break under the law. However, I have no way of knowing what your HR's motive is; they could be trying to get you to discontinue the claim or they could just be ignorant of the law.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


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