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Security guards are often not allowed to leave their posts for 10 minute rest periods or 30 minute meal breaks, and are not provided an option to request and receive relief to take off-duty meal and rest breaks. As a result, they are often owed money for these failures.

Milhaupt and Cohen has successfully challenged these practices and recovered money for thousands of security guards employed by various California security service providers and forced to work subject to invalid on-duty meal period agreements, and also negotiated agreed revisions to such policies for the benefit of current and future guards.

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Employers sometimes have their employees sign agreements to remain on duty or on premises during a paid meal break. Such agreements are legal only in very specific situations, and should be carefully reviewed.

Milhaupt and Cohen has successfully challenged and recovered money for thousands of workers affected by invalid on-duty meal period agreements, and successfully negotiated agreed revisions to such policies for the benefit of current and future employees.

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These workers are often not provided off-duty meal and rest breaks due to requirements that drivers remain on duty driving, or on duty during meal and rest breaks to monitor the vehicle due to governmental regulations or other reasons including the employer's tight scheduling to cut costs. Also, drivers are sometimes not paid overtime based on the claimed applicability of federal law. Milhaupt and Cohen has recovered significant amounts for many drivers.   

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These workers, who often perform delivery, maintenance and other tasks which is directly a part of their alleged employer's business product (e.g. an "independent contractor" trucker working for a freight delivery service) and whose work is sufficiently controlled to make them employees rather than independent contractors, may (depending upon an analysis of the facts) be entitled to receive the wage and hour benefits provided to hourly employees in California such as overtime, additional compensation for unprovided meal and rest periods, and reimbursement for job-related personal vehicle use and other personally incurred expenses. Milhaupt and Cohen has recovered significant amounts for many such workers who were misclassified as independent contractors.

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Cooks, servers, and other restaurant workers are often pressured to work off the clock or not paid for all hours worked or for overtime, or improperly paid on salary basis instead of hourly or (in the case of servers) not paid minimum wage in addition to tips. In addition, restaurant managers and assistant managers (who are paid on a salary basis) are often pressured or encouraged to perform other workers' duties in addition to their own responsibilities, which (depending on the amount of such work performed and other factors) can result in employer wage liability to the managerial staff. Milhaupt and Cohen has recovered significant amounts for many restaurant employees.

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Maps & Directions

Milhaupt & Cohen
816 Camarillo Springs Rd., STE F
Camarillo, CA 93012
Tel: 805-482-0220
Fax: 805-482-0116
Maps & Directions