I work at a warehouse in Los Angeles. Regular shift is 9 hours (8am-5pm). Management routinely denies meal breaks or tells us to "eat while you work" because we're short-staffed.
This has been going on for 8 months. I'd estimate I missed meal breaks about 3-4 days per week during that time.
I know California has strict meal break laws. What am I owed? How do I calculate it? And what's this PAGA thing I keep seeing mentioned?
Absolutely not legit. The meal break requirement is based on ACTUAL hours worked, not scheduled hours.
If you work more than 5 hours, you're entitled to a meal break. Period. It doesn't matter what you were "scheduled" for.
This is actually a common tactic - schedule people for 5.5 hours, make them stay longer, then claim no break was required. Courts see right through this.
Check your time records. Every shift over 5 hours where you didn't get a meal break = 1 hour premium pay owed.
Great question. This is a hot topic right now.
For DLSE claims, arbitration agreements generally don't apply. You can always file a wage claim with the Labor Commissioner regardless of any arbitration agreement.
For PAGA, it's more nuanced. After the Viking River Cruises decision and subsequent California cases, individual PAGA claims might be subject to arbitration, but the "representative" portion (on behalf of other employees) typically stays in court.
However, recent CA Supreme Court decisions have been more protective of PAGA claims. This area of law is actively evolving.
Bottom line: Don't assume an arbitration agreement bars all your options. Consult with an attorney who can review your specific agreement.