If my employer retaliates against me because I confronted him about not giving his employees rest periods, what can I do?
If your employer retaliates or discriminates against you in any way because you confronted him about not giving you or fellow employees rest periods, you can either file a discrimination complaint or retaliation complaint with the Labor Commissioner’s office or file a lawsuit in court against your employer. In California, it is illegal for an employer to discriminate or retaliate against employees for any reason, even if an employee files a rest period wage claim in California against the employer or threatens to file a wage claim.
Example:
Joe works in California. He thinks that he should be getting 10-minute breaks for every 4-hour shift that he and his fellow employees work, but his employer refuses to let his employees have breaks. Joe confronts his employer about how he and his fellow employees don’t get rest periods. If Joe files a rest period wage claim in California or threatens to file a wage claim and his employer fires him, that is illegal retaliation under California law. Joe could file a discrimination or retaliation complaint against his employer or file a lawsuit. It is Joe’s right to stand up for his right to receive rest periods (perhaps even if he is wrong about the law) and file rest period wage claims in California. It is illegal for his employer to retaliate or discriminate against Joe in any way for complaining about the employer’s unlawful practices or filing a wage claim.
If you have a question about California rest period law or want to file a rest period wage claim, contact Strauss & Strauss APC now.