Skip to main content

I was hired at $12.00 an hour with$1.00 overnight pay differential 3 yrs ago. 2 months into working for this faith based non

San Diego, CA |

Profit org. My check was reduced to $11.00 hr with $1.00 overnight. Now a recent coworker sued for wages not paid for overnight lunch & rest breaks. Do i have a case?

Attorney Answers 4


  1. Call an employment law attorney to discuss. You don't provide enough facts in your question which can provide a legal analysis. Did your employer fail to "provide an opportunity" for you to take breaks and meal periods? What duties did you have "overnight" in which you were paid $1.00? An attorney needs to know your hours, duties, etc., etc.to analyze whether you have a valid claim. Many employment law attorneys provide a free initial phone consultation. Have the facts in front of you when you call: the dates you were not given "the opportunity to take 10 minute breaks or 30 minute unpaid duty-free meal periods and call an employment law attorney to discuss.


  2. Not sure, although your potential damages will likely depend on the number of nights that you had to work--and if you received your proper rest and meal periods during this time. A link to a basic guide concerning meal periods and rest periods is provided below. Contact an employment attorney who deals with wage / hour claims. Most offer a free consultation so don't be afraid to ask.

    Any post of discussion above is general in nature and is not intended to and should not be construed as legal advice. Furthermore, the above posting does not create or establish any attorney-client relationship. Contact an attorney as soon as possible to discuss your legal options. [John D. Wu is licensed to practice law before all California federal and state courts]


  3. what do you mean by "faith based non''?
    I need to know more fact to determine if you have a case or no. Is your wage was reduced based on discrimination or retaliation?
    I would recommend that you call an attorney so he or she can answer your question by knowing more facts.

    Law Offices of Hasbini 619-200.8986. Free on phone and in office consultation. http://www.sandiegoemploymentlawyer.net


  4. Are you asking if you have a case for the change in your pay or a case because of unpaid meal and rest breaks? If you are asking about the pay reduction, you do not have a claim unless you were given some kind of guarantee that you would be paid $12.00/hr. with the $1.00 differential. Otherwise, an employer is perfectly free to lower the pay of its employees as long as it notifies the employee of the reduction in advance.

    If you are asking whether you have a case for unpaid breaks, then it makes a difference if you were not allowed to take breaks or if you voluntarily did not take breaks. Sometimes it is hard to tell if something was "voluntarily " because there can be a lot of coercion by the employer.

    Your best option is to speak with one or more experienced employment law attorneys with whom you can discuss the details of your situation. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org. Click on "Find a CELA Member" and you can search by location and practice area. Many CELA attorneys represent clients throughout the state.

    I hope you can resolve your situation and wish you the best.

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics