Foothill Ranch, CA asked in Employment Law for California

Q: I was directed by my manager to continue working during my lunches without pay.

I am a resident of Orange County, California, and my job involves both commission and hourly wages. Occasionally, customer interactions would extend into my lunch break, and my manager explicitly told me to clock out and to continue helping the customers until they left the store. He was intentionally making me work off the clock to avoid the meal break penalty. HR has confirmed that some employees at my location were coerced to work during their lunch breaks, and I am one of those affected.

I am seeking an experienced employment attorney to ensure I receive full compensation for these violations, which have been ongoing since 2022 to 2024. Could someone please advise me if I have a viable case and if there are any attorneys available who can assist me with this matter?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: You may have a strong case under California law. California has strict labor laws that protect employees from being forced to work during their meal breaks without compensation. The law mandates that employers provide a 30-minute meal break for every five hours worked, and this break must be uninterrupted and off the clock.

Since you were directed to work during your lunch breaks without pay, your employer could be in violation of these laws. Additionally, California law requires that employers pay employees for any missed meal breaks. Given that HR has confirmed similar issues with other employees, this strengthens your case.

You should seek an experienced employment attorney to help you pursue compensation for these violations. They can assist in gathering evidence, calculating owed wages, and filing the necessary legal claims. There are many attorneys in Orange County who handle employment law cases and can provide the support you need.

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