Cannabis Company Allegedly Broke California Law for Breaks and Meals

A former employee of a California cannabis business has filed a wage and hour lawsuit alleging the company and a marketing firm violated California law for breaks, meal periods and more.

Plaintiff Nick F. said he was a former account manager with Medical Marijuana Inc., doing business as HempMeds, and Seaside Sales and Marketing LLC from 2016 through early 2019. During that time, he alleges managers knowingly underpaid him and other employees because hours worked were not appropriately recorded. He said managers insisted the denial of wages was legal.

Nick alleges that management always deducted a 30-minute meal break from his timecard and the timecards of fellow employees even when they were not provided with meal periods.

Nick contends in his lawsuit that, “[a]s a result of defendants’ scheduling practices and/or policies, plaintiff and other non-party aggrieved employees routinely had meal periods that were missed, late, short, and/or interrupted. In addition, defendants required other non-party aggrieved employees to work in excess of 10 hours in a day but did not relieve them of their duties to take second 30-minute meal periods or even schedule second meal periods.”

Among the allegations made in the California wage and hour lawsuit, Nick claims that:

• Employees sometimes were not allowed a meal break until they worked more than five hours straight. He alleges that at least one time, Nick himself had to work a minimum of six and a half hours before he received permission to take a meal break.
• In some circumstances, employees worked beyond 10 hours straight without receiving a 10-minute rest break.
• Employees were required to complete off-the-clock work.
• Employees were denied sick leave, split shift premiums, accurate wage statements, and timely payment of all wages owed to them once they departed from either company.

California Law for Breaks and Meal Periods

California law for breaks and meal periods is very specific. Employees must receive a 10-minute paid rest period for every four hours worked or major fraction thereof, according to the state’s Industrial Welfare Commission Wage Orders. An employer can’t require that you keep in touch via radio communication during your rest period in California, and you aren’t allowed to skip two 10-minute breaks to leave 20 minutes early.

The 10-minute rest period is not supposed to be the only time an employee is allowed to use the toilet facilities. The Industrial Welfare Commission requires that “suitable resting facilities” be located “separate from toilet rooms.”

Allowing an employee to use the restroom during work hours does not equal the employer’s obligation to provide rest periods under the Industrial Welfare Commission’s definition of a rest break.

The state of California also demands an employer provide a meal break of not less than 30 minutes if the employee works more than five hours in one day.

In his complaint, Nick alleges that both companies knowingly violated California labor laws, and he is seeking civil penalties, lawyer fees, pre- and post-judgment interest.

The California Law for Breaks Lawsuit is Case No. 37-2019-00046709, in the Superior Court of California.

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