Do I need an Employment Labor Attorney?

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My employer doesn't give any breaks during shifts and hardly gives lunches. I'm also expected to use my personal cell for a lot of work related calls,emails, and text messages.

6 Attorney Answers

In California, generally employers are required to provide employees with a 10-minute paid rest period every four hours of work, and an unpaid meal period of at least half an hour. So, assuming you were working an 8-hour shift, you should have a paid 10-minute break close to the 2-hour mark, and again at the 6-hour mark, with a half-hour unpaid meal period in between. The penalties for an employer failing to provide these meal and rest periods are steep and add up quickly. If other employees are also being prevented from taking meal and rest periods, they may also have separate claims. With regard to the cell phone, I would expect your company to reimburse you some portion of the cost of your monthly service charges for using it for work purposes. I would recommend that you consult with an employment lawyer as soon as possible, primarily regarding the meal and rest period violations.
Your employer has a duty to provide you with a meal break for every shift in excess of six hours per day and a one 10 minute rest break for every four hours worked per day. If your employer is impeding your ability to take these breaks, that's illegal and you do have rights. Also, you have a right to reimbursement of your cellular expenses. I would seek out a consultation with an attorney in your area. If the claim isn't large enough to hire a lawyer, you can always make a claim yourself with the Department of Labor Standards Enforcement. Also, if you haven't already, begin writing a journal of the days in which you could not take breaks and lunches. You will need it to make a claim. Good Luck.
No. You don't need an attorney. You need a phone, which you said you own. Call the department of labor. Tell them what is going on. You will have your breaks and your lunch period, but will probably be out of a job the first time you come in late. Unfortunately that is what usually happens. If is is a big company they may not know its you, so make the complaint but ask for anonymity. Labor department can come in and make sure the labor laws are followed. Good luck.
You should seek the advice of an employment lawyer ASAP. It sounds like you have claims for non-provision of breaks, failure to reimburse expenses, and potentially several other claims. Depending on the size of your claim, you may want to hire an attorney to file a lawsuit on your behalf in court, or you may wish to fIle a claim with the California Labor Commissioner.
Many employment lawyers provide free consultations and will not charge you anything up front. So, don't let financial concerns deter you from getting legal advice and/or representation.
Good luck to you.
you may have a meal and rest period case. Are you working overtime and getting it?
Unless you are an exempt employee, or are in the auto industry and covered by a collective bargaining agreement, then you are entitled to meal and rest breaks as my colleagues have outlined. If you are working an 8 hour shift and working through lunch, then you would also be entitled to overtime. Your employer is required to reimburse you for the use of your cell phone. You would have to make a request for reimbursement and have if rejected to have a claim, unless your employer has indicated that such expenses will not be reimbursed. You should contact an employment. attorney. Most of us provide a free initial consultation.

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