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Attention California Employees - Contact Labor Commission

Posted: Apr 14, 2015

Nuance is required to pay for your 10-minute rest breaks separately and clearly display it on your pay stub. You are owed 1 hour of pay for every day PAID breaks are not provided going back 3 years. Their nonsense of stating breaks are figured into your line pay is illegal since when you log out to take a break, your production stops. Contact your local labor commission.

It's not only California. - ....

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good luck with that though.

Labor Board - anon

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It's pretty easy to file a claim. You can print it from home. Liquid damages (interest) is a little tricky, but even just the penalty for 3 years at an hour a day is 780 hours of pay.

It isn't ONE HOUR of break time per day ??? - Dont you mean 15 mins? n/m

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Sorry, NEVERMIND...I just read the post below - That explains this...thx n/m

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Pennsylvania requires breaks to be paid as well - sm

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Per the pa.gov Labor Law Compliance section:

"What is the Law Regarding Breaks and Meal Periods?

Pennsylvania employers are required to provide break periods of at least 30 minutes for minors ages 14 through 17 who work five or more consecutive hours. Employers are not required to give breaks for employees 18 and over. If your employer allows breaks, and they last less than 20 minutes, you must be paid for the break. If your employer allows meal periods, the employer is not required to pay you for your meal period if you do not work during your meal period and it lasts more than 20 minutes. A collective bargaining agreement may also govern this issue."

I'm in CA - but the only way I'll get a "lawyer" - and try to get this going back 3 years

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is if they fire me or lay me off. Can't afford to jeopardize my job otherwise. And BTW, it's NOT 1 HOUR per day; I think it's more like 15 minutes.

Hear that Nuance? Fire me or lay me off and I'll get a lawyer and sue you not only for 3 years' worth of non-paid break time BUT I will also sue for 3 years' of monthly internet--something else they are required to pay for in CA. For now I'd rather just keep my job. I am sure if they were ever forced to pay this (or internet) they'd simply force out all CA MTs (there are other states too). Sucks but it is how it is.

Don't need a lawyer - labor board

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You don't need a lawyer for a wage claim with the labor board. They just set up a hearing and even it did go past that, Nuance is required to pay your lawyer fees. I think most people assume they'll need a lawyer. Call the labor board and just let them know. They're definitely on your side.

Internet - anon

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The Labor Board will handle your internet claim also.

1 hour penalty - whistle-blower protection

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Their penalty is 1 hour per day breaks are not paid. You don't get 1 hour off and it's not 1 hour for each break. It totals 1 hour per day of penalty they owe you. You are protected by labor codes 98.6 and 1102.5. They can't fire you or retaliate in any way if you enforce this law.

Preying on misinformed - Fedup

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They are counting on people not knowing the laws. I think it's already clear they're forcing us all out.

Question - sm - mt2

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My shift is 8:00 a.m. to 4:30 p.m. - requiring me to take a 30-minute break, which I'd rather not and just be done 1/2 hour earlier. So you're saying I should be scheduled 8-4 with my 30-minute break included? I'm not in CA.

Meal vs rest period - anon

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No. Your meal break is separate and is not required to be paid. There is a requirement for a 10-minute rest period in Ca every 4 hours, or major portion thereof, to be paid and not deducted from your total hours. Nuance's policy of requiring California employees to log out if they want to take a break is not legal. There are only a few states that this is a requirement though.

At least we in California get internet paid now, - even if it is

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only going back to August of last year. It is a start.

Internet - xo

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Congratulations are in order! I'm thrilled for the CA residents. There is a long way to go to make all the wrongs right, but it is, as you said, a start. It infuriates me to think of how may thousands (or more) of dollars Nuance has unfairly pocketed just with this one aspect alone. The money they line their pockets with from the various ways they steal from us must be astronomical.

Ya, I got that email too (I'm in CA) - You know Nuance HATES to have to do this

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They only reluctantly are doing it of course; some MT in CA probably pointed it out to them and they decided they better do it before too many more find out. Thanks to that MT! BUT I have a feeling it will be bittersweet. They will just NOT hire from CA or other states that require this as well. I don't think MM hires from CA anymore. They will have to lay me off or fire me bc I'm not letting them get rid of me so easy. I'm getting unemployment while I look for another job. Also, if they lay me off/fire me I will also sue them for back internet/mandatory break times. Nuance, you can't afford to let me go. LOL. Ya right

You and me both. Break time pay is next on my - agenda. The crooks.

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Me too!! nm - AnotherAnon

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**

They do it because they can - Time to stand up

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:) I've had enough of their wage theft. I am questioning everything that I let slide for so many years. Most people assume you need a lawyer and many years in court....YOU DON'T!!! Contact the Labor Commission....also called the DLSE.

Why August? - Why do they get to choose?

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You should question this. Labor code 2802 is not new. Why do they get to choose only a few months they have to follow the law?

Probably has to do with the lawsuit. The court ruling came - in August or September.

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Leave is to Nuance to try to pass off that date as the date the went in to effect.

Labor code 2802 section b - Interest owed

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"All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss."

Division of Labor Standard Enforcement - No lawyer needed

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http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

google your state's labor laws, then - sm

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notify your HR Department of the law. If your state has a law for paid breaks, you should be getting it on every paycheck. The other MTSO has been providing this for several years.

HR says it's factored in - fedup

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HR refused to look at the issue. They state breaks are factored into the line rate, even though their own handbook states you are entitled to two 15-minute breaks

Please, challenge that - sm

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It MUST be factored separately and clearly stated on your pay stub!

Golly, they should pay for all their employees internet - nm

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Other states get paid breaks, too - sm

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I work for the other large MTSO. Been getting this for years, clearly stated on my pay stubs. It works out to about $30 for a 2-week period. Definitely CHECK IT OUT!

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