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Construction Workers Meal Break Thirty Minute Auto Deduction

Construction worker filed a PAGA notice on behalf of aggrieved employees alleging corporation was automatically deducting thirty minutes from their compensation on a daily basis, notwithstanding the fact that they were unable to take uninterrupted, thirty minute meal breaks on many occasions. Aggrieved employee alleged that time records and payroll records as well as coworker testimony substantiate these claims. According to aggrieved employees, they were instructed by employer to simply circle “yes or no” on the pre-printed time sheets provided in regards to meal breaks. Employee alleged that these time sheets were indequate because (1) they lack the timing of any meal break; (2) the amount of time spent during any meal break; and (3) do not inquire whatsoever into second meal breaks for shifts worked over 10 hours. Lastly, aggrieved employee alleged that employer maintained a practice of combining one meal and rest break during a workday and not permitting additional rest breaks (and notwithstanding that said combined break was consistently interrupted/cut short). Case settled.