How much money can i get for being denied lunch breaks?

Question

This is a repost with a little bit extra info
i was paid hourly and i was a w-4 employee

I reside in california and i worked at a place for 9 months they refused to give me lunch 80% of the time-- i kept all my time cards and pay stubs and i have an attorney that took the case on the assumption i will win and he will take a third of the winnings
I do not want to ask him how much i can get though because then i will seem like i money hungry bastard which i am but i dont want to show him this

so again i have all the proof that i did not receive a lunch

now a ballpark of how much i can expect to get IF i win

Thanks

I was also paid over time if i worked it

Answer 1

If you were paid overtime already, then I guess I'm curious how you would quantify the damages you've sustained. Are you making a physical injury argument somehow based on the lack of lunch breaks or some sort of pain and suffering argument?

In order to recover, you need to show you've been damaged.

Answer 2

Federal Law states that for every 4 hours worked a person is entitled to a 15 minute PAID break. A lot of companies let you work an 8 hour day with your two 15 minute breaks taken back to back thus giving you a 30 minute paid lunch period. And that 15 minutes comes from the 4 hours. So you actually work 3 hours and 45 minutes.

I don't know the damages (money) that you will get, that is up to the lawyer and based on how big the company is, if he can find anyone else to join the suit, and how bold he is and how confident he is in his victory. Clearly he wouldn't take your case to get paid out of your winnings unless he plans on winning. The federal law on this is quite clear and it is a requirement that the law be posted in an area where all the employees can see it; usually the break room.

I have no idea of your lawyer's tactics for this case, but I am sure that if he handles the case right it will be an easy win for you. You need to ask him what damages he is suing for. This is not sounding greedy, this is how you will determine his pay (1/3 of your winnings) and you are entitled to know the amount. Your lawyer should tell you this since he is going to have to approach your former employer with a figure.

A ball park figure is over $12,000; simply because your lawyer won't work for anything less than $4,000 which is 1/3 of the $12,000. That is what most Social Security lawyers charge and that is the maximum cap on their payments. Since I had to go through a suit to get my Social Security benefits I have that. I also had to file bankruptcy so I know that lawyers don't come cheap and I had to pay the lawyer before he would take my case.

Answer 3

Zero. Hey Dan, can you tell me where that federal law is????? There ain't one. There's one that says you must be allowed an unpaid 30 minute break after 6 hours...... not 4. So you would be sueing for unpaid lunch breaks worth = $Zero dollars! (legal advice on Yahoo Answers = PRICELESS!!)

Haven't you been listening about how all the federal prosecutors are "GOP/Big Business" go-fers? The Supreme Court considers Big Business a "person", who has inalienable rights just like you and me. YOU will get nothing but "black balled" so that you will "never work in this town again". Get a better job. Keep your mouth shut. You won't get justice in court over no lunch breaks. Trust me on this one. We can't get elected officials to do the "right thing".... much less get political judges and complicit attorneys involved against someone without money or connections????? Are you kidding me?

I'm sorry if I tell the truth and you think I am being harsh. It is my intention to warn you so you are better prepared for the future.

Answer 4

By being paid OT for your breaks you were as much as fault as your employer as far as the illegality of it.
You want your cake and eat it too.