My employer acknowledged that in error, per Labor Law Section 226.7, they did not permit me to take a second 10-minute rest period. Specifically, I needed that break to pump breast milk, and I was told if I wanted the second break, I would have to take it unpaid. Today I was presented with a letter stating that they acknowledge the mistake and are going to pay me my hourly rate times the number of days they violated the law. Should I sign? What would the implications of that be?
Answer
What they are offering you is the full amount they owe you (provided they properly calculate the number of days the violated the Labor Code) as a penalty for denying you your second break. The implication, most likely since I can't see the letter, would be that you have been compensated in full and give up your right to sue them for it. Because of your condition as a nursing mother, it is possible you could sue them for more under disability or medical accommodation statutes other than the Labor Code. Without knowing a lot more about the situation and doing some legal research I can't say whether you would have any kind of good case for more money or not. You would have to consult a local labor law attorney in your area to figure that out. If you sign a release in exchange for the Labor Code penalty payment, however, it would almost certainly also give up your right to sue under other laws. It would be a final settlement of your claim.
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