Anybody ever sued their employer? NT Legal experts come in...

[socluis90]

There's a lawsuit going down at my place over wages. We rarely get breaks or lunch shifts which I don't really mind but apparently our employer is supposed to compensate an hour wage for each missed break and missed lunch every day this occurs unless we sign a waiver. I normally work 6.5+ hours a day with no break or lunch. They lawyer we got is on a contingency fee and he agreed to take our case since we have time sheets and about 10 people with the same story. My question is can I be fired for this? I been there 6 years already and everyone else on the case (current and past employees) worked at least 3 years each, some up to 10. Also how often do contingency cases lose? I'm assuming lawyers only take when they're 99% sure they'll win right? Everything used to be real chill at my job which is why no one did anything before but we got a new douche boss who fired a few people for stupid reasons and got rid of our tip pool and pays us hourly on banquets when our gratuity used to be real good so now they're striking back. Any tips NT?

Cliffs:
Don't take breaks or lunches at work
Work used to be chill but not no more so we striking back and got a lawyer
What should I beware of legally and at work?
Any stories?

 

[kaycurrency]

You seem really unhappy there....so why not just quit?

But nah, I never met anyone who's sued an employer for lack of breaks/lunches.....It does sound grimey though

 

[russ tha g]

Check your state laws. In TX, you need an 8 hour shift to get a 1 hour lunch break. If your shift is less than that, you're only entitled to a 10 min paid break for every 4 hours you worked. Of course, the company can be more generous if they wish, but those are the minimum requirements if I remember correctly.

 

[puddinpopp]

hit up the local EEOC... www.eeoc.gov. They will let you know if they are violating laws.

 

[socluis90]

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From California Labor site

Breaks:

In California, the Industrial Welfare Commission Wage Orders require that employers must authorize and permit nonexempt employees to take a rest period that must, insofar as practicable, be taken in the middle of each work period. The rest period is based on the total hours worked daily and must be at the minimum rate of a net ten consecutive minutes for each four hour work period, or major fraction thereof. The Division of Labor Standards Enforcement (DLSE) considers anything more than two hours to be a "major fraction" of four." A rest period is not required for employees whose total daily work time is less than three and one-half hours. The rest period is counted as time worked and therefore, the employer must pay for such periods. Since employees are paid for their rest periods, they can be required to remain on the employer's premises during such periods

If an employer fails to provide an employee a rest period in accordance with an applicable IWC Order, the employer shall pay the employee one additional hour of pay at the employee's regular rate of pay for each workday that the rest period is not provided. Labor Code Section 226.7 Thus, if an employer does not provide all of the rest periods required in a workday, the employee is entitled to one additional hour of pay for that workday, not one additional hour of pay for each rest period that was not provided during that workday.

Lunch Periods:

In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. A second meal period of not less than thirty minutes is required if an employee works more than ten hours per day, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived. Labor Code Section 512.

Unless the employee is relieved of all duty during his or her thirty minute meal period, the meal period shall be considered an "on duty" meal period that is counted as hours worked which must be compensated at the employee's regular rate of pay. An "on duty" meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the employer and employee an on-the-job paid meal period is agreed to.
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[socluis90]

the legality of everything hasn't been in question. i'm more concerned on retaliation or other consequences i might face as a result of this.

lawyer estimates about 7gs for me... (2 hours daily x 4 days a week x $9 wage = $72 a week) Multiply that by 156 (weeks in 3 years) and equals $11,232. He keeps 33%.

 

[scuse7]

I'm pretty sure you can't get fired for doing that

 

[socluis90]

???

 

[air max 87]

Originally Posted by SCuse7

I'm pretty sure you can't get fired for doing that

yea but they came make your life hell.

is 7 Gs really worth maybe gettin fired and catching @!%#?

 

[kidufc]

i was going to sue my employer for not giving me a required lunch.. as a part time union worker, i cant exceed 5.1/2 hours of work without getting a lunch if i want it or going home since im part time..

well my supervisor refused to give me those options and even threaten to fire me.. this sup. was a friend of mines too..

my union settled the situation and made sure i they dont catch feelings and make my life a living hell.

quick tip.

never have personal relation with management . makes predicaments alot alot harder to resolve or pursue legal actions.

 

[Mound Raised]

hell yea u can sue
i worked @ walmart when i was in college part time...i only lasted like 3 months bcus it was overnight
apparently there was an employee who complained about having to work through her breaks/lunches
she filed suit, got a nice chunk of chage in a settlement
i even got a check out of it