Is my employer breaking any kind of labor laws?

Rest periods

Under California law, based upon the number of hours you are working, you should receive a 10-minute paid rest period for every four hours worked or major fraction thereof. Insofar as is practicable, the rest period should be in the middle of the work period (i.e. two hours after you arrive, two hours before you leave for the day). If your employer fails to provide an employee a rest period, the employer shall pay the employee one hour of pay at your regular rate of pay for each workday that the rest period is not provided. Your employer can require you to stay on the premises for your rest periods. The type of work you perform does not provide any basis for additional, legally-mandated rest periods.

Meal periods

Under California law, you cannot work more than five hours per day without your employer providing you with a meal period of not less than 30 minutes. The exception occurs when one works no more than 6 hours, in which case the meal period may be waived by mutual consent of both the employer and employee.

Unless you are relieved of all duty during your thirty minute meal period, the meal period shall be considered an "on duty" meal period that is counted as hours worked and must be compensated at the your regular rate of pay. An "on duty" meal period may only occur when the nature of the work prevents an employee from being relieved of all duty and then, only by written agreement. The written agreement must state that the employee may, in writing, revoke the agreement at any time.

If you are required to remain at work during the meal period, the meal period must be paid. This is true even where you are relieved of all work duties during the meal period. If you are completely relieved of all job duties and allowed to leave the premises, the meal period does not need to be paid time. If your employer is not providing you with a meal period as describe above, then your employer must pay you one additional hour of pay at your regular rate of pay for each workday that the meal period was not provided.

You may file a lawsuit or a wage claim with the Division of LAbor Standards Enforcement (DLSE) to recover any unpaid meal and rest periods. There is a 3 year statute of limitations (you can only recover wages for the 3 years preceding your filing). Good luck!

Meal periods are only waivable if you sign a document that allows you the ability to rescind the waiver at any time and so states. So if the PAP doesn't mention rescission, it is invalid. In any event, you should request rescission and state that you want your meal period. If you are either terminated or your request is denied, you should seek counsel or file a claim asap with the Labor Commissioner.

California law requires that your employer provide you with an unpaid 30 minute meal period, if you work for more than 5 hours. It appears that he is violating the law, and you should be entitled to a penalty of one hour's wage for every day that you were denied a meal period.

A meal break waiver is only valid if it is voluntary and freely revocable AND the nature of the work makes it so it is impractical to take a full off-duty meal break. This is rare.

If you have not already done so, I would contact an attorney -- you will not only be helping yourself but could motivate your employer to change the practice for all of the other employees you work with.