I recently was discharged from my employer. After I was fired, I presented a written claim for my wages due because I was required to work on the clock during every meal break during my employment. The HR Manager told me she would investigate my claim and respond to me later. No Hourly Manager has ever had a "duty free" lunch at this company and no one ever clocked in or out for a break. I was even written up because I was caught dozing for a few minutes while I was eating. I was told that it was violation of their policy because I have to be available for an emergency at all times. We were not allowed to leave the site and the policy was that if more than one customer came in you were to stop eating and go help. I have several other employees that are interested in finding out what to do but are waiting to find out whether I get paid or not.
Is my next step to file a Dept. of Labor claim or should I wait for the HR manager to respond?
You should probably let the HR manager to investigate. If he can resolve this and pay you (and other employees) the outstanding balance without the necessity of hearing, then why not?
Once it's clear to you (in a few weeks) that no such payments will be made, you can file a claim with the labor board.
Thanks,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
http://www.arkadylaw.com
