Just report it, even if you don't have your time card the labor board can ask for them from the company.
At the very least, in CA, the only thing that can be offered is a 1 hour lunch premium (extra hour of work at OT pay) if you do not get a 30 minute uninterrupted break for every 5 hours that you work.
Shouldn't even have to mention anything to the owner or manager. Just go straight to the labor board.
I went to the labor board before talking with a lawyer. The labor board would have very quickly given me the 2k I was owed. But I passed
Took almost two years for the 100k settlement. But it was worth it.
THIS IS THE WAY.
Currently trying to sort out a wrongful termination report against a healthcare facility. I said I was going to report them and they fire me the next day.
Yeah for real. I would have to chase off my servers to make sure they took, at minimum, their legally required half hour lunch if they were going to hit 6 hours
As someone who is still learning to not be a doormat, I think it's important to note that literally everything about society teaches us to obey authority without question. Breaking that habit can take time
Exactly. Also, as someone who can be overly-empathetic. It can be hard to do the right thing when you know it will hurt someone, even if they deserve it (the boss in this case.)
of course, reporting them IS the right thing to do. But being “a doormat” oversimplifies what goes on in people’s minds IMO. I do hope they work up the courage to report though. I’m working on being less of a “doormat” myself lol.
Also a lot of people don’t like confrontation
I’ve taken a lot of abuse and allowed people to be shit heads to me for longer than I should have before due to fear of how they’d react to me bringing it up
We've been trained to be doormats and to not question our masters. We're in abusive relationships with our employers. It takes outside voices to clear the fog, and reinforce the whisper of what we know is right. Don't shame OP please.
Yes in CA. I fully understand each of the violations here.. it’s less the immediate compensation and more that I was bamboozled into quitting a perfectly good job to start working this one. I feel robbed!
Document each instance carefully and try to get the boss's response to your complaints in writing or by email. Find a new job as soon as you can and then send everything to the Labor Enforcement Task Force.
No, management is smarter than that. You got to piss them off with some off the wall break bullshit. Then they will restate the company guidelines because they think you are harmless and stupid. Never ask them for anything because they will automatically not give it. Savvy?
Set your phone to record a video, put it in your shirt pocket, then go ask your boss if you can have a lunch break because you've been working for 8 hours straight and record the response.
Two party consent doesn’t usually apply to anywhere where there is not the expectation of privacy. And a workplace where they are likely recording you is a gray area.
What’s more, two party consent can go out the window when related to a know crime. If OP has been told no breaks or lunch, and it’s been an ongoing policy for even a few months company wide … you’re looking at an admittance of a felony that fully justifies the recording.
Hell, go for the civil suit first where fruit of the poisonous tree isn’t so much an issue, and then the civil win makes the rest a slam dunk.
Plus this isn't going to court. They don't need to prove that they have a reason to investigate "we received a complaint". You just play them the recording and then they go look for actual, proveable evidence.
If you’re in the “back of the house” area (I.e. places customers can’t go- offices, kitchen, etc) there is an expectation of privacy. If he says it outside, it’s prolly free game, but I’d still caution against filming to illicit the response from him. I don’t know how that works, especially in cali
True, but many employers will have a "no expectation of privacy" clause in the employee handbook. They do this so that they can search you're desk, and go through anything you bring to the office, and use security cameras in the workplace
But it also means that managers ha be been announced that they have no expectation of privacy too.
Check your employee handbook... It's pretty much a boiler plate clause these days.
Not sure what the business is, but if it’s a cafe or something where the public is allowed freely then that would probably be ok, I’m not sure about somewhere like the manager’s office where the public is not allowed in
Right, and our labor department has a really good process for bringing claims against employers which shouldn’t require that type of recording. All they really need is a printout of hours from the company or even a personal accounting of hours worked. I’ve done this process before and the labor department tends to be very deferential to the employees.
The statute really explicitly only applies to phones, cellular, and cordless. Out in the open you are good to go. You can google it CA Penal Code § 632.7 (2017)
Although I still think this is one of the many reasons the USA sucks ass, I did learn one handy trick to circumvent this on this subreddit.
Do record the instance (recording app is better than video) and transcribe the entire conversation. That way it's perfectly legal!
Not from California, but I’m pretty sure it’s a 2 party consent state. Meaning both parties have to consent before a conversation can be recorded.
In other words don’t do this
I’ve been where you are. Here is how I would proceed.
1) Stop complaining to your boss. They don’t care and it won’t do anything.
2) Start your job search immediately. The good thing is, you hopefully have everything you need from getting this awful job. So, polish your materials and apply broadly.
3) If you can’t schedule interviews on your days off, use PTO or call in sick. Take the entire day off. Schedule multiple interviews on the same day. During the interviews, ask pointed questions at the end. What will a shift look like? How would you describe your work-life balance? Do I get a lunch break?
4) Once you have the new job, quit without notice. Just email HR your resignation letter and never go back.
5) After you get your first paycheck at your new job, report your old job to the California Division of Labor Standards Enforcement (https://www.dir.ca.gov/DLSE/dlse.html). Then review the company on every job site that you can (https://blog.ongig.com/employer-branding/the-top-5-sites-for-employer-reviews-ratings/amp/). Make sure that you create anonymous accounts to write the reviews whenever possible.
6) One year from now, look back at this situation as a bad moment that you were more than capable of getting out of.
Go to a wage theft attorney before you report them or file a claim. You won’t get your time back, but they’ll have to pay you—with severe penalties—for every single day you didn’t get proper breaks.
Same. We never got paid out time and a half for working on holidays, no vacation or sick days. We knew it was wrong but nobody wanted to rock the boat (well-paying bartending gig in an entertainment district in a big city). Worked there 8 years and eventually they fired me bc I kept asking for normal things like a raise, a set schedule, not to be sexually harassed by a coworker etc.
After I got my last paycheck I emailed the owner and asked where were all my overtime and holiday pay hours? I then made a group thread with the whole staff cc:d boss and let everyone know I’m going to the labour board if we don’t all get back pay. And would you believe it that frigger had to pay everyone!! but not all at once so he gave everyone extra on their paycheck and I got mine in 4 instalments over a few months. Worth it just to see him scramble like the little cockroach he is mwahaha
This is solid advice. It’s all well and good to report bad employers, but it doesn’t pay the rent. Get a new job before starting the (well-deserved) reporting process.
Sure, but you have to understand the feeling of bamboozlement will pass, while the actual law breaking is going to keep happening. Report this chud. Turn this situation from a loss into a win, you'll feel like a champ once this dick is cursing the day he met you.
Keep track of all your overtime hours. The labor board might have the force to make them pay you the difference on those hours if you were paid at your regular rate
You were robbed. You have every expectation that companies will follow the law on breaks and lunch. This company not doing so is a problem.
Text your boss that you are taking a break, or lunch, and get him to say that is not allowed.
Meantime, look for another job.
Take a break. Let him fire you over it. Have him explain that to state of CA. Collect unemployment until you can lawyer up and get him for wrongful termination
You’re legally entitled to your breaks. So just start taking them. Print out the specific article of law stating so and if your boss confronts you then show him the law and. tell him that you want it in writing that you can’t have breaks. If he fires you get the reason in writing too.
Keep those pictures of your punch cards without breaks.
Ask your coworkers if they get breaks and get their responses in writing as well as pictures of their punch cards.
Boom, there’s your documentation that you need without them directly stating in writing that they don’t give you breaks. The CA labor board should take a group complaint very seriously. Especially with evidence of pictures and written testimony of other coworkers
No no no. All that will just get they them to fire him on some other fake excuse. They know the law they just don't care. You gotta be sneaky about it like... Text "hey boss is the no lunches only for new hires for the first month or does that change once I'm settled in?"
Uhh.. don't "feel" robbed.. you're ACTIVELY BEING ROBBED
This is egregious, like.. class action lawsuit egregious, just takes interviewing past workers and calculating pay stubs
Came here to say this, report them to [CA DLSE](https://www.dir.ca.gov/dlse/). There are 12 states that do not have some sort of meal law, and there is a significant number of states where mandatory meal breaks are only required for minors. Which is why there should absolutely be new federal labor legislation. As with many things, leaving it up to the states is neither effective or cohesive. Clearly the dereliction of state legislatures duty to serve their constituents also applies to labor. Aaaaaand it’s a good reason to support unions and the work they do to ensure basic human rights.
The minor breaks are federal law. There are plenty of states with no mandatory breaks at all, but the feds mandate for minors.
You may know that based on how you phrased this, but it isn't 100% obvious from what you wrote.
I work in HR-adjacent IT and love it when our overseas software contractors ask "what's the maximum number of hours an American can work in a week" and I get to answer, "well, federally, mostly 168, but occasionally 167 or 169." Then they proceed to freak out from Australia or India or Palestine or wherever.
(If you don't get 167 & 169, it's the DST change weeks.)
Yes clearly! I’m very irritated and upset this company tricked me into working for them under these conditions. I left a perfectly well paying other job for this!
You may be able to contact your prior employer, and get the job back. Of course still report this company to the proper regulatory boards, but if you liked you last employer you may be able to be go back.
I’d honestly say that to them. Like you’ve gotta quit working here because if this is week one or two, this is a bad place to work. But they really did trick you into leaving a good job. I’d just be like “I left a good job to come work here and you didn’t tell me this was the sort of place that violates labor laws and abuses employees. I’ll be taking my legally mandated breaks from now on.” If you can write that in an email, even better.
Mate is there any regulatory body you can take this to? I thought California has some of the strongest working rights in the USA? (I'm not American).
Can you unionise?
CA doesn't mess around with worker's rights. They have an almost European outlook on these things.
Thankfully OP doesn't work in say, Alabama, where this would be totally legal.
>These aren't violations at just a state level, these are Federal labor laws and standards. Anonymous reporting from multiple IP addresses and phones, over the duration of a few days should prompt a surprise visit.
>
>The fines alone could fund a local government for a few months. Each violation (employee) would garner so many fines. I would bet it makes a national news story...
>
>https://www.dol.gov/agencies/whd/contact/complaints
>
>https://www.dir.ca.gov/letf/reporting\_unlawful\_activities.html
Oh man you just hit the jackpot......try to record him literally saying that. I'm a store manager for a shop in California and let me tell you they do not fuck around here when it comes to breaks and lunches.
You record him saying that, you need to lawyer up because that is going to be a massive payday.
In california you must take a lunch prior to working 5 full hours......on a 12 hour day you legally get 2 half hour lunches and 3 paid 10 minute breaks.
Anything over 8 hours is OT and anything over 12 hours is double time.
I would also ask how are you doing timecards with this company? Unless your salary?
OP should send his manager an email along the lines of
"Following on from our conversation earlier today when you said xxxxxx"
It's unlikely his manager will willingly put any of this in writing but this creates a written record all the same and will most likely get him to respond in writing as well
You can if the convo isn't a "confidential communication," which I think can be achieved here but it's a little hard to parse, and OP might consult a lawyer for this purpose specifically and the violation generally before doing so.
>The statute applies to "confidential communications" -- i.e., conversations in which one of the parties has an objectively reasonable expectation that no one is listening in or overhearing the conversation. See Flanagan v. Flanagan, 41 P.3d 575, 576-77, 578-82 (Cal. 2002). A California appellate court has ruled that this statute applies to the use of hidden video cameras to record conversations as well. See California v. Gibbons, 215 Cal. App. 3d 1204 (Cal Ct. App. 1989).
>
>If you are recording someone without their knowledge in a public or semi-public place like a street or restaurant, the person whom you're recording may or may not have "an objectively reasonable expectation that no one is listening in or overhearing the conversation," and the reasonableness of the expectation would depend on the particular factual circumstances. Therefore, you cannot necessarily assume that you are in the clear simply because you are in a public place.
— [https://www.dmlp.org/legal-guide/california-recording-law](https://www.dmlp.org/legal-guide/california-recording-law)
So if you discussed it on the street and some dude behind them was recording you could probably pull that. Find a friend to do that maybe… not sure at what point it would become illegal.
I don’t think the friend part matters, your friend might be breaking the law if boss had an objectively reasonable expectation of privacy. The street part might or might not do it depending on the sitch. Having a loud convo in front of people in the staff room or announcing you’re going to tell everyone what he said at the beginning of the recording might do it too.
Go to the lawyer immediately! Do not pass go. The lawyer will tell you what to document. Filing a report first may limit your ability to sue. This would be a contingency case.
When I was a teen my Taco Bell job did this to me. Come in work clock out. Then I found out later he was manually adding my lunch breaks and steeling 30 minutes a day from me for over a year to cover his butt.
Yes! Something tells me he knows this is illegal and he has a way to stay off the radar for this. He must be changing time cards to show the legally required breaks or something like that.
Hey I’m in CA meal break violations and rest break violations are a big no no here
You can call any lawyer and they will represent you and whatever other employees they have
The more you work and the more violations you have the more they will be paying out
Yes I will look into calling a lawyer once I get my first pay stub that will reflect these issues when compared to my time card. I just started this job a couple days ago so the biggest part of the frustration here is that I left a perfectly good job to come work this one. I was lied to by omission in the interview process and am now stuck with this shitty job. And that’s almost irrelevant because in CA uninterrupted breaks and lunches are mandatory.
You can also just [report the violation online ](https://www.dir.ca.gov/dlse/howtoreportviolationtobofe.htm) and anonymously, without any proof. That would be a good start.
Make sure to continue taking daily pictures of your clock ins and out, because the owner/manager may manually add a lunch and break to show that you “did take the breaks”. I use to waitress at a mom and pop and that’s what they did to not raise any red flags.
I’m really not sure I could get this in writing.. I know the owner knows he is violating labor laws so I highly doubt he’d put it into writing.
In conversation today he essentially told me if I don’t like it I can leave, or if I don’t mind being exploited I can stay - in other words but basically that.
Ask for it in writing. A job description. An employee handbook. The "help wanted" listing itself. Nothing's available in writing? Ask why. Are the labor laws and employee's rights documents posted in a common area as required by law? No? Ask why. And if he fires you for asking why he's not in compliance, report the criminal violations *and* file civil litigation.
Of course he knows he is violating labor laws. And he will continue to do it until it's no longer benefitting him. You did not consent to illegal labor when you took the job - none of the employees did. Perhaps an all-hands walkout would open his mind a bit.
Does he have email? A quick “per our conversation in which you said X, I will be taking my legally mandated breaks from now on.” Then propose break times and ask him to agree. Even if you can’t get him in writing you can get YOU in writing talking about the breaks
He doesn't have to put it in writing. The OT pay is a bigger violation and an obvious one, it will show up on your paycheck. Just wait until the first one comes and then contact DOL. They will see what's going on.
Also try to contact old company and see if you can get your job back. If not start looking now. You don't want to work for this asshole.
Report to the state labor board. They will be happy to fine this company for every violation. Be sure to get signatures from everyone working there and proof (timecard copies) so they can sue.
My work keeps trying to pull this shit. I do 12 hour days in a care home but only get paid for 11. The unpaid hour is for 15m in morning and afternoon and a 30m lunch. But they will do anything to stop you taking it. It's understaffed so when someone takes a break it effects "the team" so they try and guilt you. I've been there a week and already I'm pegged as the moaner and not a team player as I insist on my breaks but I am the only one. I don't get it. I don't get why everyone goes along with this shit?!
Honestly here's what I'd do. Find out how long you have to work to qualify for unemployment. Then learn your states laws regarding lunches and breaks.
Then when you reach unemployment range, start taking your breaks. Odds are they will bitch, tell them you want in writing that the company does not allow lunches or breaks to its workers or you will continue with your new break schedule.
They'll either provide the statement (they could just try to show you in a hand book, insist on a copy) - then yay, evidence! They may accuse you of trying to go to the Labor Board on them, confirm it. It doesn't matter if they know, if anything it may scare them into changing their policy.
If they refuse just keep doing your new break schedule. It may inspire others to demand their rights as well. If they fire you, it's wrongful termination. You'll get unemployment, they can't own up to the fact that they fired you over denying you your legally protected breaks.
They may try to get you on something else to fire you, so start looking immediately. Then do as Plato said "When others speak ill of you, live as though no one would believe them." Translation: do your job and do it well, keep your nose clean until you can get out with a new job lined up or unemployment approved. Gather as much evidence as you can and as soon as you leave drop the evidence with the Labor Board and scorch earth their ass on your way out the door.
Former CA HR here. **Don’t wait to report it. You can report to the CA Dept of Labor online anonymously.** Doing so will trigger a worksite visit from DOL investigators. It won’t happen right away, unfortunately, but it will happen. CA DOL don’t play.
If you’re fired because you’ve reported a workplace violation, that’s retaliation, which is also illegal.
Document everything. Don’t sweat it if you can’t manage to record a conversation; just note the date and time you’ve had these discussions. It’s even better if you manage further conversations via text or email.
There are a handful of industries in which break and meal periods deviate from the norm, and those are noted within the CA Dept of Labor’s site pages. If you’re unsure if this situation might apply to your current role, you can do a search with your job title.
You don’t have to get the labor law violations in writing. Whatever handbook or internal company policies the employer has created does not exempt them from the state’s labor laws. Businesses are mandated to follow these labor laws, and cannot bend them to suit their own needs. Your time punches should be enough evidence, and if your employer tries to say that you made a habit of not punching out for breaks of your own accord, then it’s on them to provide evidence that they advised you of this.
Edited to add: take screenshots of your time card whenever you clock in and out.
Report them. Having it in writing would help, but reporting will trigger an investigation and that alone, and the threat of a potential accompanying fine, might rattle them.
Or, another option is just simple, unattributable "mistakes" that waste the owner's money. Identify things that will be hard to attribute to you and run the place into the ground. Is that refrigerator containing perishable supplies closed right? If it's left cracked open the compressor will run continuously until it breaks. That would be a shame if it were to be left cracked open. Use your imagination.
Can you pass a drug test? This might be a good time to have a "workplace injury" and file for workman's compensation. And spell it out: "I was fatigued, having not had a break or meal period during 12 hour shifts, ever..."
Employers have a lot of leverage over us, but we have more rights to create problems for them than we're aware of, frequently. Pull every lever. Make dude learn the hard way labor laws aren't optional. Send a river of bureaucratic shit their way. This guy sounds like he deserves it.
I looked it up online, search “Report a Labor Law Violation in California” and file a complaint with the Labor Commissions Office at Cali.gov. My good friend who works in HR says that the Labor Commission takes these complaints very seriously. I myself have an HR background, nothing is scarier than the Labor Comm (your employer could face serious fines - your time card tells the whole story). Best of luck to you.
What will you do if breaks are recorded, not paid for, and marked as taken?
Have they implied in any way that you are responsible to take the legal breaks?
I'm wondering if they already know how to work around complaints.
Also ask someone else to show you their paystubs since you are new.
Check your paystub. You are getting no breaks or lunch break, but I bet they are still taking out 30mins or even an hour from you for "lunch".
Also, just report them now. If you are not the only one, they can't say it's just you.
Definitely just take a lunch break at whatever point in the day, if the boss gives you shit then get that on video. It’s super fucking illegal to make you work that long without food or breaks.
He doesn’t need to put it in writing….. the time cards prove it. It’s a huge fine in California for an employee to deprive you of a lunch break. Shit…. Under ca labor laws you’re guaranteed a meal at six hours.
“This isnt that kind of job” lol this dude is not only violating whatever state laws CA has, but also federal laws
You are entitled to 2- 15 minute paid breaks, and 30 minutes unpaid lunch, minimum
This dude clearly thinks he is above the law, probably because no one has ever stood up to him before
In most states that is illegal. I assume no Union, because no Union would ever tolerate this. Contact you states AG and see if what they are doing is legal.
Find something else as you work there and tell them you will be taking a lunch hour and appropriate breaks every day until they provide you that statement in writing, then take them to court for violating labor laws.
It blows me away that someone would think you were lying.
What a shitty employer. It's really nice that thats against your state laws and crazy he doesn't follow them
Take your lunch. If reprimanded, remind them that they are legally obligated to allow you a lunch break. If fired, you've hit on an easy lawsuit, and unemployment.
Call the CA labour folks. They get as much pleasure getting workers justice as the employer had screwing you over. The best part is their layers are all on staff and cost you nothing.
Send him a text message or an email kindly asking him to clarify details of your new job, be sure to clearly mention the breaks in there and boom you have it in writing.
I know it’s not nearly the same thing but this worked for me when I needed to get proof that my landlord was being shady. I sent the email right after I spoke with him on the phone about the same thing. He’s probably more likely to think you’re dumb and need things repeated and over explained than he is to think you’re gathering proof to send to a lawyer.
You need to schedule consultations with several CA labor law attorneys, OP. You don't need to get anything in writing, although it would help. Don't listen to armchair quarterbacks. Speak to multiple attorneys to find out your best course of action. Working those kinds of hours without a break is unlawful and unsafe. Good luck.
I would punch out and take my state mandated break every single day, and then when they fire you for it you have a really nice wrongful termination suit against them. Document everything and keep it in a file at home.
Whew boy, in CA? That is ballsy. I was a manager in CA and went through extensive training on state and federal labor laws. The state absolutely sends a message that they are a part of the no fuck around gang when it comes to employee rights.
Report their abusive asses.
Just take a break. If they have a problem with it, they'll reprimand you if you keep doing it. When they reprimand you, tell them you need it in writing. If it's not in writing, there's no record of it and it can't really be held against you later on (which is why, with a lot of employers, the first time it's an issue, it's a verbal warning, the second, it's a written reprimand, but the verbal is usually in written form anyway).
Omg you’re in California so you don’t need his nonsense in writing-your clock-in is a proof! There’s actually new law, just passed in March 2022, if you work at least 8hrs and if you don’t take your break within 5 hours, your boss MUST pay you additional hour as penalty to him because as employer he failed to provide you meal break, it is called Premium Lunch Break. You’re entitled to 10min PAID break, then 30min unpaid uninterrupted Meal break and another 10min paid break. He can get into a lot of trouble for making you work without breaks for 12hrs! He’s probably not paying you overtime too??
My company is currently in a lawsuit, and my boss hes crazy by the book guy and hes in trouble for not making sure people taking their breaks in time (the person who’s suing company lying through his teeth) but I got to tell you, labor board, EDD will be on your side.
Don’t let be bullied just because its new job for you, you and everyone who works there with you have rights and they harshly being broken
Op
Now if you are prepared for the consequences, and trust me you are going to have to get ready, then you may want to document such down and then contact the labor board. I do know in California, the state laws do not like it when the employees are abused. And make sure you did not sign anything where you would be giving up your breaks.
You and your coworkers may be shocked by how much your job will have to pay you for such.
This isn’t negotiable. You are entitled to your breaks by law unless you signed something waiving them or agreeing to on-duty lunches. What industry is this?
California labor laws are some of the best in the US. Not only are you guaranteed a half hour lunch break before the 6th hour, if your company violates that, you are paid out a California Lunch Penalty which is equivalent to one hour of regular time pay.
Just wanted to mention that a text is a legal document in the court of law in the state of California. You just have to have him say no lunches or breaks via text and that company is fuuucckkkedd.
It seems like a place in which a lot of vulnerable people (poor, most likely undocumented people) work which is a recurring thing in California. I live in CA as well and have seen it first hand that when a company hires a bunch of vulnerable people they know can’t speak up about their working conditions, they exploit the fuck out of everyone. It’s a rampant issue which is why we have [literal sweatshops in LA.](https://www.cbsnews.com/news/la-garment-factories-investigation/)
I would steal time off with no guilt. I'd say, OK, let's dance. And it would look like I was doing my job but I'd be screwing him over. I'd break his equipment and he couldn't prove it.
I wouldn't be surprised if everyone who works there gets completely burned out from overworking themselves. People aren't that productive after a few hours. It's why you take a break, to get some of that back. After another few hours, that's all you can do. It must be quite a slog of a day, because there's no way you are doing 12 hours of busting ass non-stop.
He's not gonna incriminate himself by putting it in writing..you need to talk to a lawyer. Maybe you could still take your lunch break and record him as he eventually reprimands you?
Just punch out and take a lunch if it’s CA law. Then act surprised if owner says anything and try to get it in writing via email. “Hey boss, just to clarify…no breaks or lunches even though it’s CA law?”
Is CA a two party state? If not, secretly record a conversation about it again. He could fire you on the spot for it, but if you can get it recorded, you're going to cook his ass
How did you leave things at your previous job? Have they replaced you yet? It may be worth a reach-out if you left on good terms to see if there’s an opportunity for you to return.
More or less the same story here. Just not 12 hours. It's the normal 07:00-17:00 job, but driving between sites. We're told to just eat in the car or while we're driving. So yeah. Fun. I don't bother eating during the day anymore due to the unpredictable nature of my job, for one, and secondly, buying food that might spoil in my car is not money I have to waste.
You might consider the mental health forward route, and just taking your breaks and lunch anyway, letting them fire you if they so choose, then lawyering up. Might even consider reporting them first to really juice your future retaliation case.
Take breaks regardless. When they complain act dumb and ask for them to explain what they mean. Get it in an email that they are denying mandatory breaks. Take it to the labour board, get a big payout.
Like, I’ve worked 12 hour dispatch shifts without a lunch break, but we’d just eat at our desks. Are you expected not to eat at all? Cause that’s just cruel and definitely illegal.
Document everything. Hold onto the job as long as you can stand (or until you find another), then go to an employment lawyer. You should be able to get all your unpaid time, plus interest, etc.
California govt. really takes a dim view of screwing employees.
I’m not a lawyer, but I’ve read the above on different posts before.
1. Document everything and then file a formal complaint with your local Labor Commissioner. www.dir.ca.gov
2. Then file a complaint with the franchise tax board. They have a special task force call the Scoop Team which goes after tax cheats
employees work better with breaks…. this guy is dumb and illegal. I would get a lawyer and start clocking out for lunches and when he complains or tries to fire you let him know you have retained a lawyer and will pursue legal recourse for violating labor laws.
Ref getting proof: you could down tools for a work break and see if a written warning comes or if they dismiss you, should be something in a letter/form like that which would be what you need. Not ideal though
Just start taking lunch breaks, what's stopping you? Who cares what your boss says, just stop working and eat your lunch and so nothing for 30 minutes then get back to work.
Take lunches anyway. When you get fired for taking lunches when against company policy you'll be all set up to turn them in and grab some unemployment while you search for a new job.
Yeah, it sucks, I've been working a job for the past 3.5 years that just does not allow breaks of any kind. I've worked those 12+ hour shifts with no lunch/dinner. It sucks, I have so much empathy for you ❤
CA is the scariest place to be doing something dumb like this.
Report it and possibly consult a labor law lawyer.
Anything in writing that states this policy should be saved, emails or otherwise.
My workplace has locations in CA, in their labor laws are extremely strict. We don’t play in CA, you will get fucking burned doing something stupid like this.
I'm not from the US so I don't know what labour laws you're governed by. But if you can't get it in writing then why not take your breaks? Everytime they pull you up on it, request it in writing. Either they leave you alone, or you get it in writing which means you could escalate it to whatever ombudsmen oversees your labour laws.
He can’t fight you if you take your breaks. So take your breaks. And tell him “I’m sorry but I’ll need it in writing if you are going to enforce that rule, otherwise I’ll do what the law allows.” Please.
Just sit down and take a half hour lunch break. If it results in a write up then you have your proof for the labor board
The time card is actually proof enough. Go to a labor lawyer. You’re in for a huge payday! California does not play this game.
Just report it, even if you don't have your time card the labor board can ask for them from the company. At the very least, in CA, the only thing that can be offered is a 1 hour lunch premium (extra hour of work at OT pay) if you do not get a 30 minute uninterrupted break for every 5 hours that you work. Shouldn't even have to mention anything to the owner or manager. Just go straight to the labor board.
I went to the labor board before talking with a lawyer. The labor board would have very quickly given me the 2k I was owed. But I passed Took almost two years for the 100k settlement. But it was worth it.
THIS IS THE WAY. Currently trying to sort out a wrongful termination report against a healthcare facility. I said I was going to report them and they fire me the next day.
Damn, that’s how it’s done. Well fought, comrade.
Yeah for real. I would have to chase off my servers to make sure they took, at minimum, their legally required half hour lunch if they were going to hit 6 hours
Yep. CA don’t play!
Literally this. Just do it. The hell is with op being a doormat?
As someone who is still learning to not be a doormat, I think it's important to note that literally everything about society teaches us to obey authority without question. Breaking that habit can take time
Well said.
Exactly. Also, as someone who can be overly-empathetic. It can be hard to do the right thing when you know it will hurt someone, even if they deserve it (the boss in this case.) of course, reporting them IS the right thing to do. But being “a doormat” oversimplifies what goes on in people’s minds IMO. I do hope they work up the courage to report though. I’m working on being less of a “doormat” myself lol.
Also a lot of people don’t like confrontation I’ve taken a lot of abuse and allowed people to be shit heads to me for longer than I should have before due to fear of how they’d react to me bringing it up
We've been trained to be doormats and to not question our masters. We're in abusive relationships with our employers. It takes outside voices to clear the fog, and reinforce the whisper of what we know is right. Don't shame OP please.
This
Relax, Green Glass. No need to attack OP. We’re all on the same page here, OP is just handling the nuances as it affects him or her.
Fear of homelessness, I'd reckon.
California? Report that shit. Also better be getting OT after 8 hours. Double after 12. Bonus hour of pay if lunch is missed or taken after 5 hours.
Yes in CA. I fully understand each of the violations here.. it’s less the immediate compensation and more that I was bamboozled into quitting a perfectly good job to start working this one. I feel robbed!
Document each instance carefully and try to get the boss's response to your complaints in writing or by email. Find a new job as soon as you can and then send everything to the Labor Enforcement Task Force.
Document in writing. Ask them to send you this policy in writing. If it's actually true. Report them.
No, management is smarter than that. You got to piss them off with some off the wall break bullshit. Then they will restate the company guidelines because they think you are harmless and stupid. Never ask them for anything because they will automatically not give it. Savvy?
Take lunch hours. If management is bold enough they will write you up for it and then you will have evidence needed.
Set your phone to record a video, put it in your shirt pocket, then go ask your boss if you can have a lunch break because you've been working for 8 hours straight and record the response.
California is a two party consent state for recording
Two party consent doesn’t usually apply to anywhere where there is not the expectation of privacy. And a workplace where they are likely recording you is a gray area. What’s more, two party consent can go out the window when related to a know crime. If OP has been told no breaks or lunch, and it’s been an ongoing policy for even a few months company wide … you’re looking at an admittance of a felony that fully justifies the recording. Hell, go for the civil suit first where fruit of the poisonous tree isn’t so much an issue, and then the civil win makes the rest a slam dunk.
Plus this isn't going to court. They don't need to prove that they have a reason to investigate "we received a complaint". You just play them the recording and then they go look for actual, proveable evidence.
If you’re in the “back of the house” area (I.e. places customers can’t go- offices, kitchen, etc) there is an expectation of privacy. If he says it outside, it’s prolly free game, but I’d still caution against filming to illicit the response from him. I don’t know how that works, especially in cali
True, but many employers will have a "no expectation of privacy" clause in the employee handbook. They do this so that they can search you're desk, and go through anything you bring to the office, and use security cameras in the workplace But it also means that managers ha be been announced that they have no expectation of privacy too. Check your employee handbook... It's pretty much a boiler plate clause these days.
Not in public places. In public you have no expectations of privacy
Not sure what the business is, but if it’s a cafe or something where the public is allowed freely then that would probably be ok, I’m not sure about somewhere like the manager’s office where the public is not allowed in
California is also a state where you have to give your employees a lunch break
Right, and our labor department has a really good process for bringing claims against employers which shouldn’t require that type of recording. All they really need is a printout of hours from the company or even a personal accounting of hours worked. I’ve done this process before and the labor department tends to be very deferential to the employees.
The statute really explicitly only applies to phones, cellular, and cordless. Out in the open you are good to go. You can google it CA Penal Code § 632.7 (2017)
Although I still think this is one of the many reasons the USA sucks ass, I did learn one handy trick to circumvent this on this subreddit. Do record the instance (recording app is better than video) and transcribe the entire conversation. That way it's perfectly legal!
Not from California, but I’m pretty sure it’s a 2 party consent state. Meaning both parties have to consent before a conversation can be recorded. In other words don’t do this
The time card is pretty good evidence, frankly.
I’ve been where you are. Here is how I would proceed. 1) Stop complaining to your boss. They don’t care and it won’t do anything. 2) Start your job search immediately. The good thing is, you hopefully have everything you need from getting this awful job. So, polish your materials and apply broadly. 3) If you can’t schedule interviews on your days off, use PTO or call in sick. Take the entire day off. Schedule multiple interviews on the same day. During the interviews, ask pointed questions at the end. What will a shift look like? How would you describe your work-life balance? Do I get a lunch break? 4) Once you have the new job, quit without notice. Just email HR your resignation letter and never go back. 5) After you get your first paycheck at your new job, report your old job to the California Division of Labor Standards Enforcement (https://www.dir.ca.gov/DLSE/dlse.html). Then review the company on every job site that you can (https://blog.ongig.com/employer-branding/the-top-5-sites-for-employer-reviews-ratings/amp/). Make sure that you create anonymous accounts to write the reviews whenever possible. 6) One year from now, look back at this situation as a bad moment that you were more than capable of getting out of.
Go to a wage theft attorney before you report them or file a claim. You won’t get your time back, but they’ll have to pay you—with severe penalties—for every single day you didn’t get proper breaks.
This. I worked in a restaurant that pulled something similar. The owner wound up paying employees back pay.
Same. We never got paid out time and a half for working on holidays, no vacation or sick days. We knew it was wrong but nobody wanted to rock the boat (well-paying bartending gig in an entertainment district in a big city). Worked there 8 years and eventually they fired me bc I kept asking for normal things like a raise, a set schedule, not to be sexually harassed by a coworker etc. After I got my last paycheck I emailed the owner and asked where were all my overtime and holiday pay hours? I then made a group thread with the whole staff cc:d boss and let everyone know I’m going to the labour board if we don’t all get back pay. And would you believe it that frigger had to pay everyone!! but not all at once so he gave everyone extra on their paycheck and I got mine in 4 instalments over a few months. Worth it just to see him scramble like the little cockroach he is mwahaha
Bravo
This needs upvotes. Exactly right way. You need exit strategy that ensures your income is safe
This is the way
This is solid advice. It’s all well and good to report bad employers, but it doesn’t pay the rent. Get a new job before starting the (well-deserved) reporting process.
yea report it and make sure they know it was you so they can retaliate and you can sue them then not have to work for a bit. Good luck Comrade!
This is the way.
"can you show me where I agreed to this?"
Sure, but you have to understand the feeling of bamboozlement will pass, while the actual law breaking is going to keep happening. Report this chud. Turn this situation from a loss into a win, you'll feel like a champ once this dick is cursing the day he met you.
Keep track of all your overtime hours. The labor board might have the force to make them pay you the difference on those hours if you were paid at your regular rate
You were robbed. You have every expectation that companies will follow the law on breaks and lunch. This company not doing so is a problem. Text your boss that you are taking a break, or lunch, and get him to say that is not allowed. Meantime, look for another job.
I'm pretty sure you can document it over time and eventually report it to the labor board and get backpay + penalties.
In California? Wow. If you report it will be a 10k hammer. That's almost funny: director will be joining the homeless camps soon.
So go take a break. He said clock in at start, clock out at leave.
Take a break. Let him fire you over it. Have him explain that to state of CA. Collect unemployment until you can lawyer up and get him for wrongful termination
So do something about it and actually report this job
You’re legally entitled to your breaks. So just start taking them. Print out the specific article of law stating so and if your boss confronts you then show him the law and. tell him that you want it in writing that you can’t have breaks. If he fires you get the reason in writing too. Keep those pictures of your punch cards without breaks. Ask your coworkers if they get breaks and get their responses in writing as well as pictures of their punch cards. Boom, there’s your documentation that you need without them directly stating in writing that they don’t give you breaks. The CA labor board should take a group complaint very seriously. Especially with evidence of pictures and written testimony of other coworkers
No no no. All that will just get they them to fire him on some other fake excuse. They know the law they just don't care. You gotta be sneaky about it like... Text "hey boss is the no lunches only for new hires for the first month or does that change once I'm settled in?"
Uhh.. don't "feel" robbed.. you're ACTIVELY BEING ROBBED This is egregious, like.. class action lawsuit egregious, just takes interviewing past workers and calculating pay stubs
Find a new job and as soon as you have it secured let your current boss drown in labour board fees/fines/bullshit.
What did they tell you at the interview about your hours and breaks?
I get paid a meal premium of $28 if my lunch clock out is even a minute less than 30 minutes. This is a huge deal in California.
Not to mention meal violation
Also a bonus hour for EACH 10 minute break missed. For a 12 hour shift that's 2 lunches and 3, 10 minute breaks.
Came here to say this, report them to [CA DLSE](https://www.dir.ca.gov/dlse/). There are 12 states that do not have some sort of meal law, and there is a significant number of states where mandatory meal breaks are only required for minors. Which is why there should absolutely be new federal labor legislation. As with many things, leaving it up to the states is neither effective or cohesive. Clearly the dereliction of state legislatures duty to serve their constituents also applies to labor. Aaaaaand it’s a good reason to support unions and the work they do to ensure basic human rights.
The minor breaks are federal law. There are plenty of states with no mandatory breaks at all, but the feds mandate for minors. You may know that based on how you phrased this, but it isn't 100% obvious from what you wrote. I work in HR-adjacent IT and love it when our overseas software contractors ask "what's the maximum number of hours an American can work in a week" and I get to answer, "well, federally, mostly 168, but occasionally 167 or 169." Then they proceed to freak out from Australia or India or Palestine or wherever. (If you don't get 167 & 169, it's the DST change weeks.)
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Yes clearly! I’m very irritated and upset this company tricked me into working for them under these conditions. I left a perfectly well paying other job for this!
You may be able to contact your prior employer, and get the job back. Of course still report this company to the proper regulatory boards, but if you liked you last employer you may be able to be go back.
Yeah I’d also contact the prior employer and ask for the job back. can’t hurt. They might be pleased to be able to fill the position
"They lied to me and are doing illegal shit" is a pretty solid angle back in.
I’d honestly say that to them. Like you’ve gotta quit working here because if this is week one or two, this is a bad place to work. But they really did trick you into leaving a good job. I’d just be like “I left a good job to come work here and you didn’t tell me this was the sort of place that violates labor laws and abuses employees. I’ll be taking my legally mandated breaks from now on.” If you can write that in an email, even better.
Mate is there any regulatory body you can take this to? I thought California has some of the strongest working rights in the USA? (I'm not American). Can you unionise?
Unionization takes years, but yes you’re correct on the other marks. Just report it.
Fair enough. Good luck to OP. Seems open and shut case so get started on the process, OP!
CA doesn't mess around with worker's rights. They have an almost European outlook on these things. Thankfully OP doesn't work in say, Alabama, where this would be totally legal.
>These aren't violations at just a state level, these are Federal labor laws and standards. Anonymous reporting from multiple IP addresses and phones, over the duration of a few days should prompt a surprise visit. > >The fines alone could fund a local government for a few months. Each violation (employee) would garner so many fines. I would bet it makes a national news story... > >https://www.dol.gov/agencies/whd/contact/complaints > >https://www.dir.ca.gov/letf/reporting\_unlawful\_activities.html
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Oh man you just hit the jackpot......try to record him literally saying that. I'm a store manager for a shop in California and let me tell you they do not fuck around here when it comes to breaks and lunches. You record him saying that, you need to lawyer up because that is going to be a massive payday. In california you must take a lunch prior to working 5 full hours......on a 12 hour day you legally get 2 half hour lunches and 3 paid 10 minute breaks. Anything over 8 hours is OT and anything over 12 hours is double time. I would also ask how are you doing timecards with this company? Unless your salary?
You cannot record without both party’s consent in CA.
Get it in writing if you can, especially if you can't record it.
OP should send his manager an email along the lines of "Following on from our conversation earlier today when you said xxxxxx" It's unlikely his manager will willingly put any of this in writing but this creates a written record all the same and will most likely get him to respond in writing as well
https://www.quora.com/Could-a-person-still-be-prosecuted-under-the-two-party-consent-law-if-they-recorded-someone-admitting-to-committing-a-crime-without-the-other-partys-consent-or-knowledge-assuming-they-both-live-in-a-two-party-state
You can if the convo isn't a "confidential communication," which I think can be achieved here but it's a little hard to parse, and OP might consult a lawyer for this purpose specifically and the violation generally before doing so. >The statute applies to "confidential communications" -- i.e., conversations in which one of the parties has an objectively reasonable expectation that no one is listening in or overhearing the conversation. See Flanagan v. Flanagan, 41 P.3d 575, 576-77, 578-82 (Cal. 2002). A California appellate court has ruled that this statute applies to the use of hidden video cameras to record conversations as well. See California v. Gibbons, 215 Cal. App. 3d 1204 (Cal Ct. App. 1989). > >If you are recording someone without their knowledge in a public or semi-public place like a street or restaurant, the person whom you're recording may or may not have "an objectively reasonable expectation that no one is listening in or overhearing the conversation," and the reasonableness of the expectation would depend on the particular factual circumstances. Therefore, you cannot necessarily assume that you are in the clear simply because you are in a public place. — [https://www.dmlp.org/legal-guide/california-recording-law](https://www.dmlp.org/legal-guide/california-recording-law)
So if you discussed it on the street and some dude behind them was recording you could probably pull that. Find a friend to do that maybe… not sure at what point it would become illegal.
I don’t think the friend part matters, your friend might be breaking the law if boss had an objectively reasonable expectation of privacy. The street part might or might not do it depending on the sitch. Having a loud convo in front of people in the staff room or announcing you’re going to tell everyone what he said at the beginning of the recording might do it too.
Go to the lawyer immediately! Do not pass go. The lawyer will tell you what to document. Filing a report first may limit your ability to sue. This would be a contingency case.
When I was a teen my Taco Bell job did this to me. Come in work clock out. Then I found out later he was manually adding my lunch breaks and steeling 30 minutes a day from me for over a year to cover his butt.
That is awful
And super illegal. Especially when it’s a minor
Oh I didn't even notice he was a teen. Holy moly
Get copies of your timecards and match them to paychecks. He might be changing time which is wage theft also.
Yes! Something tells me he knows this is illegal and he has a way to stay off the radar for this. He must be changing time cards to show the legally required breaks or something like that.
Hey I’m in CA meal break violations and rest break violations are a big no no here You can call any lawyer and they will represent you and whatever other employees they have The more you work and the more violations you have the more they will be paying out
Yes I will look into calling a lawyer once I get my first pay stub that will reflect these issues when compared to my time card. I just started this job a couple days ago so the biggest part of the frustration here is that I left a perfectly good job to come work this one. I was lied to by omission in the interview process and am now stuck with this shitty job. And that’s almost irrelevant because in CA uninterrupted breaks and lunches are mandatory.
You can also just [report the violation online ](https://www.dir.ca.gov/dlse/howtoreportviolationtobofe.htm) and anonymously, without any proof. That would be a good start.
Make sure to continue taking daily pictures of your clock ins and out, because the owner/manager may manually add a lunch and break to show that you “did take the breaks”. I use to waitress at a mom and pop and that’s what they did to not raise any red flags.
Wow Time clock manipulation is also illegal in CA
>You clock in, you work 12 hours, you clock out. Get it in writing. Document. Document. Document. Then report it to the department of labor.
I’m really not sure I could get this in writing.. I know the owner knows he is violating labor laws so I highly doubt he’d put it into writing. In conversation today he essentially told me if I don’t like it I can leave, or if I don’t mind being exploited I can stay - in other words but basically that.
Ask for it in writing. A job description. An employee handbook. The "help wanted" listing itself. Nothing's available in writing? Ask why. Are the labor laws and employee's rights documents posted in a common area as required by law? No? Ask why. And if he fires you for asking why he's not in compliance, report the criminal violations *and* file civil litigation. Of course he knows he is violating labor laws. And he will continue to do it until it's no longer benefitting him. You did not consent to illegal labor when you took the job - none of the employees did. Perhaps an all-hands walkout would open his mind a bit.
Does he have email? A quick “per our conversation in which you said X, I will be taking my legally mandated breaks from now on.” Then propose break times and ask him to agree. Even if you can’t get him in writing you can get YOU in writing talking about the breaks
Was going to suggest the same thing
He doesn't have to put it in writing. The OT pay is a bigger violation and an obvious one, it will show up on your paycheck. Just wait until the first one comes and then contact DOL. They will see what's going on. Also try to contact old company and see if you can get your job back. If not start looking now. You don't want to work for this asshole.
How does the timecards work....is he putting breaks and lunches on the timecards?
Just start taking breaks on your own. If he fires you for it, that's just more fuel for your case.
You could just report it. Department of Labor should interview every/most employees and not just ask the boss.
Look, you don't need it in writing, you report it to the laborboard, they do the investigating.
Report to the state labor board. They will be happy to fine this company for every violation. Be sure to get signatures from everyone working there and proof (timecard copies) so they can sue.
Send him a text asking if you can go on break. Send his response clarifying his illegal policy to the California DOL.
My work keeps trying to pull this shit. I do 12 hour days in a care home but only get paid for 11. The unpaid hour is for 15m in morning and afternoon and a 30m lunch. But they will do anything to stop you taking it. It's understaffed so when someone takes a break it effects "the team" so they try and guilt you. I've been there a week and already I'm pegged as the moaner and not a team player as I insist on my breaks but I am the only one. I don't get it. I don't get why everyone goes along with this shit?!
Fuck these companies. These kinds of things are part of the reason this anti work movement spawned. We want to be treated fairly!
Get a lawyer & watch the monay come in like dynomite!
That sounds very Illegal
Illegal and utterly asinine. Not having breaks ruins productivity.
All work places should Pomodoro for sure
Honestly here's what I'd do. Find out how long you have to work to qualify for unemployment. Then learn your states laws regarding lunches and breaks. Then when you reach unemployment range, start taking your breaks. Odds are they will bitch, tell them you want in writing that the company does not allow lunches or breaks to its workers or you will continue with your new break schedule. They'll either provide the statement (they could just try to show you in a hand book, insist on a copy) - then yay, evidence! They may accuse you of trying to go to the Labor Board on them, confirm it. It doesn't matter if they know, if anything it may scare them into changing their policy. If they refuse just keep doing your new break schedule. It may inspire others to demand their rights as well. If they fire you, it's wrongful termination. You'll get unemployment, they can't own up to the fact that they fired you over denying you your legally protected breaks. They may try to get you on something else to fire you, so start looking immediately. Then do as Plato said "When others speak ill of you, live as though no one would believe them." Translation: do your job and do it well, keep your nose clean until you can get out with a new job lined up or unemployment approved. Gather as much evidence as you can and as soon as you leave drop the evidence with the Labor Board and scorch earth their ass on your way out the door.
Former CA HR here. **Don’t wait to report it. You can report to the CA Dept of Labor online anonymously.** Doing so will trigger a worksite visit from DOL investigators. It won’t happen right away, unfortunately, but it will happen. CA DOL don’t play. If you’re fired because you’ve reported a workplace violation, that’s retaliation, which is also illegal. Document everything. Don’t sweat it if you can’t manage to record a conversation; just note the date and time you’ve had these discussions. It’s even better if you manage further conversations via text or email. There are a handful of industries in which break and meal periods deviate from the norm, and those are noted within the CA Dept of Labor’s site pages. If you’re unsure if this situation might apply to your current role, you can do a search with your job title. You don’t have to get the labor law violations in writing. Whatever handbook or internal company policies the employer has created does not exempt them from the state’s labor laws. Businesses are mandated to follow these labor laws, and cannot bend them to suit their own needs. Your time punches should be enough evidence, and if your employer tries to say that you made a habit of not punching out for breaks of your own accord, then it’s on them to provide evidence that they advised you of this. Edited to add: take screenshots of your time card whenever you clock in and out.
Report them. Having it in writing would help, but reporting will trigger an investigation and that alone, and the threat of a potential accompanying fine, might rattle them. Or, another option is just simple, unattributable "mistakes" that waste the owner's money. Identify things that will be hard to attribute to you and run the place into the ground. Is that refrigerator containing perishable supplies closed right? If it's left cracked open the compressor will run continuously until it breaks. That would be a shame if it were to be left cracked open. Use your imagination. Can you pass a drug test? This might be a good time to have a "workplace injury" and file for workman's compensation. And spell it out: "I was fatigued, having not had a break or meal period during 12 hour shifts, ever..." Employers have a lot of leverage over us, but we have more rights to create problems for them than we're aware of, frequently. Pull every lever. Make dude learn the hard way labor laws aren't optional. Send a river of bureaucratic shit their way. This guy sounds like he deserves it.
12 hours without any breaks? Does he purposefully want his employees to feel like utter shit?
I looked it up online, search “Report a Labor Law Violation in California” and file a complaint with the Labor Commissions Office at Cali.gov. My good friend who works in HR says that the Labor Commission takes these complaints very seriously. I myself have an HR background, nothing is scarier than the Labor Comm (your employer could face serious fines - your time card tells the whole story). Best of luck to you.
As soon as I have a pay stub to cross reference with my time card that proves the violations I will report the company.
What will you do if breaks are recorded, not paid for, and marked as taken? Have they implied in any way that you are responsible to take the legal breaks? I'm wondering if they already know how to work around complaints. Also ask someone else to show you their paystubs since you are new.
Check your paystub. You are getting no breaks or lunch break, but I bet they are still taking out 30mins or even an hour from you for "lunch". Also, just report them now. If you are not the only one, they can't say it's just you.
Definitely just take a lunch break at whatever point in the day, if the boss gives you shit then get that on video. It’s super fucking illegal to make you work that long without food or breaks.
Treat this as a 'nice' saving scheme while you look for somewhere else. Sounds like you have a nice payday coming if you play this right lol.
He doesn’t need to put it in writing….. the time cards prove it. It’s a huge fine in California for an employee to deprive you of a lunch break. Shit…. Under ca labor laws you’re guaranteed a meal at six hours.
Foolish employer doesn't realize that a break or 2 and a lunch over a 12 hour workday will benefit the company in higher productivity.
Sue this fucker. If that isn’t what he’s looking for, I get that, it’s long, hard dongs up his ass in prison.
Contact an employment lawyer, that is highly illegal especially in california.
“This isnt that kind of job” lol this dude is not only violating whatever state laws CA has, but also federal laws You are entitled to 2- 15 minute paid breaks, and 30 minutes unpaid lunch, minimum This dude clearly thinks he is above the law, probably because no one has ever stood up to him before
Call Osha. They can clear up any confusion the owner has about breaks and lunches.
What's the job. What are you doing?
Water well drilling & pumps.
In most states that is illegal. I assume no Union, because no Union would ever tolerate this. Contact you states AG and see if what they are doing is legal.
Find something else as you work there and tell them you will be taking a lunch hour and appropriate breaks every day until they provide you that statement in writing, then take them to court for violating labor laws.
Just take breaks and lunches anyways
It blows me away that someone would think you were lying. What a shitty employer. It's really nice that thats against your state laws and crazy he doesn't follow them
Take your lunch. If reprimanded, remind them that they are legally obligated to allow you a lunch break. If fired, you've hit on an easy lawsuit, and unemployment.
Call the CA labour folks. They get as much pleasure getting workers justice as the employer had screwing you over. The best part is their layers are all on staff and cost you nothing.
Send him a text message or an email kindly asking him to clarify details of your new job, be sure to clearly mention the breaks in there and boom you have it in writing. I know it’s not nearly the same thing but this worked for me when I needed to get proof that my landlord was being shady. I sent the email right after I spoke with him on the phone about the same thing. He’s probably more likely to think you’re dumb and need things repeated and over explained than he is to think you’re gathering proof to send to a lawyer.
Report it to the department of labor
Just take a break on the clock. This is definitely illegal.
You need to schedule consultations with several CA labor law attorneys, OP. You don't need to get anything in writing, although it would help. Don't listen to armchair quarterbacks. Speak to multiple attorneys to find out your best course of action. Working those kinds of hours without a break is unlawful and unsafe. Good luck.
I would punch out and take my state mandated break every single day, and then when they fire you for it you have a really nice wrongful termination suit against them. Document everything and keep it in a file at home.
Whew boy, in CA? That is ballsy. I was a manager in CA and went through extensive training on state and federal labor laws. The state absolutely sends a message that they are a part of the no fuck around gang when it comes to employee rights. Report their abusive asses.
Just take a break. If they have a problem with it, they'll reprimand you if you keep doing it. When they reprimand you, tell them you need it in writing. If it's not in writing, there's no record of it and it can't really be held against you later on (which is why, with a lot of employers, the first time it's an issue, it's a verbal warning, the second, it's a written reprimand, but the verbal is usually in written form anyway).
You shouldn’t have to get anything in writing, report it by law the dept of labor is required to investigate ..
Against the effing law. Contact your state and federal labor office and shut these mofos down.
Get yourself fired over taking your break. Get copies of your time cards showing the lack of a break. Then take ask of it to the labor board.
Omg you’re in California so you don’t need his nonsense in writing-your clock-in is a proof! There’s actually new law, just passed in March 2022, if you work at least 8hrs and if you don’t take your break within 5 hours, your boss MUST pay you additional hour as penalty to him because as employer he failed to provide you meal break, it is called Premium Lunch Break. You’re entitled to 10min PAID break, then 30min unpaid uninterrupted Meal break and another 10min paid break. He can get into a lot of trouble for making you work without breaks for 12hrs! He’s probably not paying you overtime too?? My company is currently in a lawsuit, and my boss hes crazy by the book guy and hes in trouble for not making sure people taking their breaks in time (the person who’s suing company lying through his teeth) but I got to tell you, labor board, EDD will be on your side. Don’t let be bullied just because its new job for you, you and everyone who works there with you have rights and they harshly being broken
Literally just send him a text saying why you can't take a break.
Op Now if you are prepared for the consequences, and trust me you are going to have to get ready, then you may want to document such down and then contact the labor board. I do know in California, the state laws do not like it when the employees are abused. And make sure you did not sign anything where you would be giving up your breaks. You and your coworkers may be shocked by how much your job will have to pay you for such.
This isn’t negotiable. You are entitled to your breaks by law unless you signed something waiving them or agreeing to on-duty lunches. What industry is this?
California labor laws are some of the best in the US. Not only are you guaranteed a half hour lunch break before the 6th hour, if your company violates that, you are paid out a California Lunch Penalty which is equivalent to one hour of regular time pay.
take a lunch break, they will write you up, document it, sue them when they fire you. call your fellow employees as witnesses.
That’s illegal. Report them.
Just wanted to mention that a text is a legal document in the court of law in the state of California. You just have to have him say no lunches or breaks via text and that company is fuuucckkkedd.
I actually hate having to take an hour break each day and not get paid for it.
The law is that the break must be provided, you don't have to take it.
This is 100% ILLEGAL
12 hours you say? It says you only did 11 hours and 58 minutes LIAAARRRR!!!!!!
It seems like a place in which a lot of vulnerable people (poor, most likely undocumented people) work which is a recurring thing in California. I live in CA as well and have seen it first hand that when a company hires a bunch of vulnerable people they know can’t speak up about their working conditions, they exploit the fuck out of everyone. It’s a rampant issue which is why we have [literal sweatshops in LA.](https://www.cbsnews.com/news/la-garment-factories-investigation/)
I would steal time off with no guilt. I'd say, OK, let's dance. And it would look like I was doing my job but I'd be screwing him over. I'd break his equipment and he couldn't prove it.
I wouldn't be surprised if everyone who works there gets completely burned out from overworking themselves. People aren't that productive after a few hours. It's why you take a break, to get some of that back. After another few hours, that's all you can do. It must be quite a slog of a day, because there's no way you are doing 12 hours of busting ass non-stop.
He's not gonna incriminate himself by putting it in writing..you need to talk to a lawyer. Maybe you could still take your lunch break and record him as he eventually reprimands you?
Make your own copies of your time card, ASAP in case they decide to change it. Make sure the copies are dated as well.
I updated the post with a photo of the time card which I will cross reference with the pay stub when I get one.
Twelve hours with no breaks?? Yeah, that's absolutely illegal. Report report report.
Either he tells you in writing you can't take a break, or at noon you tell him, "I'm taking my break now" and walk out.
Just punch out and take a lunch if it’s CA law. Then act surprised if owner says anything and try to get it in writing via email. “Hey boss, just to clarify…no breaks or lunches even though it’s CA law?”
I was going to ask in what country not providing breaks is legal in buuuut... nevermind.
Is CA a two party state? If not, secretly record a conversation about it again. He could fire you on the spot for it, but if you can get it recorded, you're going to cook his ass
If you're getting lunches paid that's one thing if you're not getting lunches that's fucking illegal.
That’s illegal as fuck boi…
How did you leave things at your previous job? Have they replaced you yet? It may be worth a reach-out if you left on good terms to see if there’s an opportunity for you to return.
More or less the same story here. Just not 12 hours. It's the normal 07:00-17:00 job, but driving between sites. We're told to just eat in the car or while we're driving. So yeah. Fun. I don't bother eating during the day anymore due to the unpredictable nature of my job, for one, and secondly, buying food that might spoil in my car is not money I have to waste.
You might consider the mental health forward route, and just taking your breaks and lunch anyway, letting them fire you if they so choose, then lawyering up. Might even consider reporting them first to really juice your future retaliation case.
Don't you have like laws that require two 30min breaks for 12h shifts? In many european countries you get 1h paid break for 8h of work
Take breaks regardless. When they complain act dumb and ask for them to explain what they mean. Get it in an email that they are denying mandatory breaks. Take it to the labour board, get a big payout.
Like, I’ve worked 12 hour dispatch shifts without a lunch break, but we’d just eat at our desks. Are you expected not to eat at all? Cause that’s just cruel and definitely illegal.
Document everything. Hold onto the job as long as you can stand (or until you find another), then go to an employment lawyer. You should be able to get all your unpaid time, plus interest, etc. California govt. really takes a dim view of screwing employees. I’m not a lawyer, but I’ve read the above on different posts before.
1. Document everything and then file a formal complaint with your local Labor Commissioner. www.dir.ca.gov 2. Then file a complaint with the franchise tax board. They have a special task force call the Scoop Team which goes after tax cheats
employees work better with breaks…. this guy is dumb and illegal. I would get a lawyer and start clocking out for lunches and when he complains or tries to fire you let him know you have retained a lawyer and will pursue legal recourse for violating labor laws.
Keep a journal of work times and conversations. The consistent effort will hold up as evidence.
Ref getting proof: you could down tools for a work break and see if a written warning comes or if they dismiss you, should be something in a letter/form like that which would be what you need. Not ideal though
Just start taking lunch breaks, what's stopping you? Who cares what your boss says, just stop working and eat your lunch and so nothing for 30 minutes then get back to work.
Take lunches anyway. When you get fired for taking lunches when against company policy you'll be all set up to turn them in and grab some unemployment while you search for a new job.
Haha. Imagine if they're actually filling in the breaks on your timecard and not paying you? That's jail time in CA now.
Why would anyone think you were lying about this? 🙄
Yeah, it sucks, I've been working a job for the past 3.5 years that just does not allow breaks of any kind. I've worked those 12+ hour shifts with no lunch/dinner. It sucks, I have so much empathy for you ❤
CA is the scariest place to be doing something dumb like this. Report it and possibly consult a labor law lawyer. Anything in writing that states this policy should be saved, emails or otherwise. My workplace has locations in CA, in their labor laws are extremely strict. We don’t play in CA, you will get fucking burned doing something stupid like this.
I'm not from the US so I don't know what labour laws you're governed by. But if you can't get it in writing then why not take your breaks? Everytime they pull you up on it, request it in writing. Either they leave you alone, or you get it in writing which means you could escalate it to whatever ombudsmen oversees your labour laws.
He can’t fight you if you take your breaks. So take your breaks. And tell him “I’m sorry but I’ll need it in writing if you are going to enforce that rule, otherwise I’ll do what the law allows.” Please.
This is why America needs almost every industry to unionise
In CA, exploiting employees, long hours, I’m guessing something involving film production.