Q: If an hourly employee - state of ca is not being allowed to have a full lunch break Are there grounds for a civil suit
Lausd
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A:
Yes, you have potential grounds for legal action in California if your lunch break rights are being violated. The state has strict meal period requirements under Labor Code Section 512.
If you're working for LAUSD (Los Angeles Unified School District) as an hourly employee, you're entitled to an uninterrupted 30-minute meal break if you work more than 5 hours per day. This break must be provided within the first 5 hours of your shift, and you must be relieved of all duties during this time.
When an employer fails to provide compliant meal breaks, they must pay you one hour of premium pay at your regular rate for each workday the violation occurs. You can file a wage claim with the California Labor Commissioner's Office or pursue civil litigation. Given that this involves LAUSD, you might want to first document all instances of meal break violations and consult with an employment lawyer who handles wage and hour cases. You could be entitled to back pay for premium wages, plus potential penalties under California law.
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