Q: Can I demand compensation from previous employers after working more than a 6 hour period with no breaks given?
**Key Facts**
- I got fired from this job recently so I do not currently work there.
- Every shift I worked were BEYOND 6 hours.
- We did not have an acting manager on the floor to issue breaks consistently. We had lead servers that acted like managers. I would be offered a break inconsistently throughout the 2 years I have worked but verbally waived them because of the nature of the job where no one will watch my tables if I had to take a break (duty is never relieved).
I did not realized that we were entitled to a 30 minute meal break that cannot be waived until now. I assumed every time I was offered a break, they were waivable breaks (10 minutes). I believe the penalty is 1 hour of regular wage for each day of violation. If I am entitled to compensation, do I contact the general manager of the restaurant directly? Do I need witnesses?
A:
The best move for you now if you wish to pursue claims for wage penalties associated with meal or rest periods that were not provided is to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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