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Meal Break Violation California

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  • Meal Break Violation California

    I have been reading the laws regarding meal breaks and a have a question on specific details on meal waiver requirements. I am a non-exempt manager of a retail location in California. I have been required to work through my meal break on several occasions as the General Manager will not work on Sundays. I have not signed a waiver as described in code section 512 or IWC orders and have expressed that some coverage should be available at some point during my ten hour shift. What are my options and the penalties for this violation? Are there any penalties against the employer or are they just required to pay an additional hour at standard pay rate. I have no intention of making a "Federal Case" out of this and will not subject myself to possible retaliation for a couple of hours on my check that will be redirected towards additional tax withdrawals. My intention is to insure that waiving your meal breaks are a choice and not a requirement. Also, if I do decide to pursue this and my employer does retaliate, what are the possible outcomes of further claims with DLSE or filing lawsuit.

    Thank You.

  • #2
    You said you read the law you should know. If you have not okd this then its illegal. However like you said any action on your part could be harmful to your position


    • #3
      You cannot legally be fired for reporting illegal activity to the appropriate outside agency.
      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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