As Employers in California know, we are in a state with a tons of protections for employees especially in the area of wage and hour, meal and rest breaks. I often get calls from harried employers who, it seems, regularly get threatened with lawsuits by disgruntled employees. The reality is that while it is the attempt of most employers to ensure their employees get proper rest and meal breaks, call outs, scheduling conflicts and customer flow can interrupt those breaks.
Sometimes, it is also due to an untrained supervisor improperly scheduling meals and rest periods. While it is understandable that some employees may feel that they can sue (my law professor said, you can always sue, but will you recover, is the real question), they may be unaware that if they are receiving a one hour penalty for miss meals and breaks, their claim is significantly reduced or eliminated.
Moreover, an employer may consider offering a wage settlement if there are consecutive missed time periods. My point is that do not assume the worst if an employee threatens a lawsuit, always consult with counsel to ascertain if there is a legitimate claim or not.
April 11, 2017
