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Disability Discrimination & Second Meal Break


Case: Warehouse Workers
The Verdict: Disability Discrimination & Second Meal Break (Disability Discrimination & Second Meal Break )
Case Type/Status:
Case Synopsis:

Warehouse workers alleged PAGA causes of action against a large chocolate manufacturer on behalf of aggrieved employees¬†for second meal break violations. Employees were not provided second meal breaks for shifts over 12 hours that occurred at least one or two times per week. Employer’s meal break waiver does not permit them to have employees waive meal breaks over 12 hours. Employer did not obtain on-duty meal break waivers from employees.

Employee also alleged wrongful termination/FEHA based on disability discrimination. He¬†had a work-related injury out on workers compensation for 8 weeks due to the injury. His physician put him on modified, restrictive duties, including no pushing, pulling and lifting more than 10 lbs. Nonetheless, employer required employee to push, pull and lift more than 10 lbs despite employee’s complaints. As a result, employee reinjured himself and requested a doctor’s visit. He was terminated within 24 hours thereof. The termination letter stated that it was a result of too many absences. Case settled.

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