Roseville, CA asked in Employment Discrimination and Employment Law for California

Q: I am in California. My former employer didn't allow their bus drivers to make restroom stops whenever passengers...

were on the bus (which I later learned is an OSHA violation). But my question now is that the first opportunity the drivers had to make restroom stops coincided with their coffee breaks - so they are making the bus drivers combine restroom breaks with coffee breaks, which is also illegal. Can I now write up an unpaid wage claim for being forced to combine bathroom breaks with scheduled breaks? If so, can I claim an hour's pay per day? Please let me know. Thanks.

1 Lawyer Answer
Isaiah Benjamin Blady Esq.
Isaiah Benjamin Blady Esq.
  • Employment Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: Your coffee break/bathroom break question is difficult to answer as it may depend whether or not you are a private sector or public sector employee, and whether or not you are in a union subject to a collective bargaining agreement. I suggest you contact a lawyer to seek advice and provide more details. It would be helpful if you provided the lawyer with your employer's written policies, handbook and/or any other agreement(s) to which you may have been subject.

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