Under Labor Code Section 226.7, employers that fail to provide a meal or rest period that complies with this law must pay an employee an extra hour's pay for each day of noncompliance. That means employers may have to pay up to two hours of additional wages if the employer fails to comply with both requirements in the same day.
Employers are only required to provide the opportunity for breaks and lunches but are not required to insure that they are taken. You essentially must show that the employer somehow prevented you from taking breaks and lunches. Based on the information you provided, your employer may very well have violated the law.
Under the federal Fair Labor Standards Act, the statute of limitations is two years, but can be extended to three years for "willful" violations. Under California law, the statute of limitations is three years under the labor code, but can be four years under unfair competition laws.
You should consult with an employment attorney for a full evaluation. Good luck.
Law Offices of Linh T. Nguyen 916.509.7200 Disclaimer: This reply is not intended to be and does not constitute legal advice or the establishment of an attorney-client relationship. I always recommend consulting with an attorney, especially since many attorneys offer free, no-obligation consultations.
California wage and hour laws do not require an employer to provide rest and meal periods to exempt employees. As a supervisor, you may have been exempt. Therefore, before any determination can be made about whether or not you were denied required meal and rest periods, you will have to determine if you were an exempt or non-exempt employee.
The Wage Order for your industry should be reviewed and compared to your job responsibilities. You can find the Wage Orders at the following website: http://www.dir.ca.gov/iwc/wageorderindustries.htm
If you have any question about whether or not your position was exempt or not, you should consult with an employment law attorney and discuss the details of your job.
Good luck to you.
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