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Back pay for no lunch? California

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  • Back pay for no lunch? California

    From 1994 to 2007 I ran the graveyard shift(12:00 am to 7:00 am).We were payed for any overtime worked but we were never offered any lunch break.We had two 10 min. breaks was all.Now we started the shift up again and we now have to take a lunch beacuse I was told its the law and we have to take it.My question do they owe me 1 hour of pay for every day I was'nt offered a lunch break sense 1994?.And any of the other employees I had over the years.
    Thank You
    Jeff

  • #2
    You won't get it for 1994-2005. You've gone beyond the time you could have claimed it, long since. You MIGHT be able to claim the time for 2006 and 2007 still. Talk to a CA attorney.
    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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    • #3
      My understanding is the statute (Federal) is two years. I would recommend speaking to a member of the DOL or an attorney from the state of California.
      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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      • #4
        I could be wrong, but I think it's four years in CA, which is why I recommended a CA attorney instead of the DLSE.
        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.

        Comment


        • #5
          That's why I threw in the () stating federal as I am uncertain of the exact number of years.
          Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

          I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

          Comment


          • #6
            I'm not 100% certain either, but I have a vague memory that in CA, you can go further back with an attorney than you can with the DLSE. I know there's some threads on that topic here a couple years back, but I don't have time right now to go looking for them - maybe tonight.
            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.

            Comment


            • #7
              wage claim Ca. - with DLSE

              http://www.dir.ca.gov:80/dlse/HowToFileWageCLaim.htm

              http://www.dir.ca.gov/dlse/Policies.htm
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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              • #8
                wage claim Ca. - Labor Commissioner vs civil court

                http://www.wage-claims.com:80/employ...vil-court.html
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment


                • #9
                  In California, Superior Court is the way to go. Stature of Limitations is 3 years because the money owed is a wage, not a penalty thanks to Murphy v Kenneth Cole. The fourth year comes in under unfair business practices. If the action of brought under the state Attorney General Act, you can also claim a portion of any civil penalties available through the Labor Code. Please see a competent labor law attorney to make sure all the t's are crossed and the i's dotted.

                  Comment

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