Q: I got paid for my lunches for 2 out of the 4 years I worked there and the last 2 I worked my 8 hrs straight from 8-4
They just stopped and I never noticed it I was so busy. Do they owe me 2 hrs per day I'm in California
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A:
Based on the information provided, there are a few important points to consider regarding your situation in California:
1. Meal breaks: In California, employers are generally required to provide a 30-minute unpaid meal break for employees who work more than 5 hours in a day. If an employee works more than 10 hours, they're entitled to a second 30-minute meal break.
2. Working through lunch: If you worked through your lunch break, you may be entitled to compensation for that time, especially if it was with the knowledge or encouragement of your employer.
3. Statute of limitations: In California, the statute of limitations for wage claims is generally 3 years, but it can be extended to 4 years in some cases.
Given these factors, here's my analysis:
1. If you were working 8 hours straight without a lunch break for the last 2 years, you may have a claim for unpaid wages for that time.
2. However, the fact that you were paid for lunches for the first 2 years doesn't necessarily mean you're owed for the entire 8-hour shift in the latter 2 years. The claim would likely be for the 30-minute unpaid lunch breaks you should have received but didn't.
3. You may be able to claim for the past 3-4 years, depending on the specifics of your situation.
To determine if you're owed compensation and how much:
1. Review your pay stubs and time records for the past 3-4 years.
2. Calculate the total number of days you worked 8 hours straight without a lunch break.
3. Consider consulting with an employment lawyer or contacting the California Labor Commissioner's Office for guidance.
Remember, while I've provided general information based on California employment law, this isn't legal advice. Your specific situation may have nuances that require professional legal interpretation. I'd recommend speaking with an employment lawyer or the California Labor Commissioner's Office for a definitive answer and to explore your options.
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