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Antiwork

How do I go about filing a lawsuit against a company for not providing mandatory breaks?

For context, I live in New York State, and as such, I’ve read that breaks are considered mandatory by law after working six or more consecutive hours. My company, however (a gas station chain that I will refrain from mentioning) claims that there is a fine print in our contract that forces us to waive these breaks upon hiring (we regularly work 8+ hours). I do believe this clause only applies to other states, but I am uncertain. Now, I suspected for a while this was total nonsense, but I was young and desperate for money. My coworker just recently mentioned that other stores in the area (both from the same chain) have either optional or paid breaks. We are not 24/7 and typically only have two people working at a time, with only one in the early morning and one late at night. I’ve been with the company for…


For context, I live in New York State, and as such, I’ve read that breaks are considered mandatory by law after working six or more consecutive hours. My company, however (a gas station chain that I will refrain from mentioning) claims that there is a fine print in our contract that forces us to waive these breaks upon hiring (we regularly work 8+ hours). I do believe this clause only applies to other states, but I am uncertain.
Now, I suspected for a while this was total nonsense, but I was young and desperate for money. My coworker just recently mentioned that other stores in the area (both from the same chain) have either optional or paid breaks. We are not 24/7 and typically only have two people working at a time, with only one in the early morning and one late at night. I’ve been with the company for 1.5 years now, only part of that being full time. My coworkers are all willing to corroborate my story if need be. Do I have a case I can work with here? Or am I better off quitting and looking elsewhere?

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