Getting my ducks in a row.

[WolfnDolphin]

California.
I just left a job that I have worked for approximately 4 1/2 years. For 2 of that I was a Patrol Security officer. Since then I was the dispatcher/communications officer/customer service rep. During that time, I never once received a break or lunch period. I did some research and found out what CA says about breaks/lunches and retained an attorney.
We sent out a demand letter that includes [Lab.C. § 515(a); 8 Cal.C.Regs.
§ 11010 et seq.], legal fees and the [LABOR CODE §226.7] dealing with breaks and lunches. Each with an amount owed.
My first question is: What is that first section? Is it a penalty assessed or estimation of what I should have been paid in overtime because I never received the lunches and breaks?
The second question is: What is the statute of limitations on the breaks/lunches? My attorney had told me that that issue is still up in the air. It is either 1 or 3 years. Should my demand letter show the amount for 3 just in case?

This may all be a moot point since my former employer already received the letter and is sure to send it on to his attorneys. I do know that the president of the company thinks that there is some stipulation in the law for "nature of the job". He is also aware of the possibility of a problem, since he wrote an interoffice memo to managers in the attempt to stave off a 'witch hunt'.

Thanks for your time!

 

[pattytx]

If you have an attorney, these are questions he/she should be asked.

 

[WolfnDolphin]

Ducks

Hey there. Thanks for the reply to my 'Duck' post. I agree that my lawyer is a good person to ask this stuff of...however, he is rather slow in calling back (telephobic I think). I was hoping to get a smidgen of info from folks that had been involved in similar situations. Once again...thanks!