Since beginning employment with a major retail company and working for this company for over 5 years upper management has, on numerous occasions changed my time punches for lunch. And on numerous occasions I have worked while on lunch and not been paid. Also I have been asked to continue working while my other managers have been aware that I am violating and not taking a lunch.
As well as not being given my 15min breaks and working through and entire day.
I am a manager at this major retail company and am aware that this has happened to not only myself but a lot of my co-workers. I've also been asked by general managers in the past to change other peoples punches in and out so they would be compliant.
Yes, that is unlawful. I've handled a number of meal and rest break cases in which managers falsified time records. Unfortunately, it is a very common practice. My advice here is to find a wage and hour class action attorney and have a consultation. Most attorneys do the consultations for free with no strings attached.
Yes, what you describe your employer is doing is illegal. You must be paid for all hours worked and you are entitled to a one hour penalty if the employer fails to provide you with a 30 minute uninterrupted mail break, for each meal break missed. The same is true of missed 10 minute rest breaks, which must be provided for every 4 hours worked..
They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.
There are several Labor Code violations that you are being subjected to. It would be appropriate for you to find counsel to advise you about the various options available to you.
Unlike one of my responding colleagues, I am not sure class action litigation is what you want. That is great for the attorneys, but not always the best approach for individual litigants. Be sure to speak to more than one attorney and ask why they are recommending class litigation. You could very easily make a claim against your employer and recovery what you need without class litigation, and if you want to make things better for more than just yourself you can always consider multi-plaintiff litigation or even a Private Attorney General Act claim before getting bogged down in class litigation.
Good luck to you.
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