[CA] Do I have a case against my employer who cut my hours for discussing wages?


October 23, 2025 13 4

Full Conversation

Employment, EEOC, wage claim, Civil Rights Act, Equal Pay Act, overnight break laws (10:30–7 and 10:30–6:30 shifts).

It sounds like you have several concerns involving employment laws. Have you experienced any specific issues related to these laws at your workplace?

Hostile work environment.

Are you looking for advice on how to address these concerns with your employer, or are you considering taking legal action?

Legal action.

Is there anything else the employment lawyer should know before I connect you? Rest assured they’ll be able to help with your hostile work environment issue.

Yes.

TJ, Esq.

Hello! My name is TJ, and I’m an attorney. Thanks so much for the opportunity to assist you!

TJ, Esq.

Hi again! When dealing with a hostile work environment that might involve violations of wage laws, civil rights protections, and overnight break rules, there are several legal paths you can take.

You can:

  1. File a claim with the EEOC for discrimination or harassment under the Civil Rights Act.
  2. Pursue wage claims if your pay, breaks, or hours violate state or federal labor laws.

If your employer ignored their legal duties or retaliated against you, that strengthens your case. Hostile work environment cases can be challenging — you need to show that the conduct was severe or pervasive enough to affect your working conditions.

Question for you:

Can you tell me what state you work in and whether the hostile environment involves discrimination based on a protected category like race, gender, or age? Also, are you still employed there, or did the situation lead to termination or resignation?

San Diego, still employed.

Certain she is prejudiced against Black people.

Lots of retaliation for discussing wages. They also shared someone’s medical disability and got mad at me, then I had a disciplinary meeting 24 hours later.

I just got back from leave and my hours were 8 hours short.

TJ, Esq.

It sounds like you’re dealing with several serious issues — racial discrimination, retaliation for discussing wages (which is protected activity), and a potential privacy violation for sharing medical information.

Under federal law (EEOC jurisdiction) and California law (CA Govt Code § 12940(a)), the following apply:

  • Discrimination based on race is illegal.
  • Retaliation for speaking about wages or reporting misconduct is also illegal.
  • Holding a disciplinary meeting 24 hours after you raised concerns could be strong evidence of retaliation.

The fact that your hours were cut after returning from leave could indicate further retaliation. Employers cannot reduce your hours or punish you for engaging in protected activities.

Since you’re still employed, you’re in a strong position to document everything — including dates, communications, and patterns of retaliation.

You may have grounds for:

  • An EEOC complaint for discrimination and retaliation.
  • A wage claim for lost hours and denied breaks.

I work 10:30–7 or 10:30–6:30 shifts and can’t take a break when needed. Going to the bathroom is a logistical nightmare sometimes.

I need to know if, based on my documentation, I have a legit case. I’m working on a letter to the EEOC and I’m going to file a wage claim.

TJ, Esq.

Thanks for explaining your schedule. Working those long shifts with little to no ability to take breaks — including bathroom breaks — is a potential labor law violation.

Under California labor law and federal regulations, employers are required to:

  • Provide a 30-minute unpaid meal break for every shift over five hours.
  • Provide 10-minute paid rest breaks for every four hours worked.
  • Avoid interfering with bathroom access or rest breaks.
  • If your employer makes breaks “logistically impossible,” that’s a violation of wage and hour laws and can also contribute to your hostile work environment claim.

You’re doing the right thing by documenting everything. Keep:

  • A log of denied breaks or restroom delays.
  • Communications about retaliation or disciplinary meetings.
  • Pay records showing missing hours after your leave.
  • For your EEOC letter, emphasize the discrimination and retaliation issues.
  • For your wage claim, focus on the denied breaks and shorted hours.

From what you’ve described, you do have legitimate grounds for both claims. You’re building a solid foundation by collecting documentation and preparing to file formally.

Have a similar question?

Related Questions

Can I sue my employer for withholding pay?
Can my employer change my retiree benefits?