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For me, it would depend on the circumstances of my layoff. You say you thought of them as "family", so you were obviously on good terms with them while you worked there. Why were you let go? Could it be that they had no other choice? If so, then to seek retribution or even hold any hostility toward them would be unfounded. You knew what you were doing while working there with respect to breaks, and obviously, it didn't bother you at the time. Is throwing away a previously good relationship, and future positive references, worth it to you? Why not just file for unemployment (if you were not fired for cause, you should be able to secure this), to tide you over while you find another job? I would suggest you do not burn bridges, you may want to go back there when their business improves. Bottom line, why punish someone for something beyond their control? Let it go, collect unemployment, and in the future, if something seems unfair to you, deal with it in the present.
In my state, we can file a claim with our Department of Labor. It's completely anonymous. If you punched a clock and never punched out for breaks it may be all you need. For us they only go back 3 years though. I know a few people who have done it and the state does do a full investigation.
There is also overtime to consider if you worked 10 hour days. You did get overtime pay, didn't you?
Let me see - a year of half hours. Let's be generous and say no vacay. 52 weeks. Average wage is about $7 an hour. That's $920 or so, gross. Probably $650 after deductions. That's nothing to sneeze at, when you're broke - but is it enough to pursue all the hassle of getting it?
Add to this huge burden of filing the claim (some offices may require you to file online, by email or visit the office, means time off to visit. Then when the hearing comes, take time off to attend (in person or by phone, most hearings are in person) - that means lost time off.
I would have pushed back and said "I'm entitled for a half hour of unpaid lunch, I'm not working for you for free."
I dunno... I'm not sure it's illegal. I googled a little bit, and it seems as though restaurant workers have no shift limits, can be asked not to take breaks during busy periods, and do not need to compensate "meal breaks" of 30 min. or more. So if you have one 30-min. break per 6 hours, they could assume you took it after the 10 hour shift. Or, if they paid you 9.5 hours for a 10-hour shift, maybe it's on you to insist on the break.
May not be legal, but you gotta prove you didn't take a lunch too.
A year and a half OP claims this was happening but in that entire time did OP submit any grievance or voice themselves to any superiors?
It's definitely not legal, but the time to raise a stink was when you were employed with them and they first started incorrectly deducting your 30 minutes.
I'm sure you could still go after them for it, but it's probably not worth the hassle and stress.
which won't really be possible. Op focus on finding better employment and read up on the threads here and hr blogs. You need to get out of precarious employment, avoid family run businesses and ensure you are getting the best possible pay and working conditions.
For low end labor it should be easy to find a better job right now.
I suggest moving on, like many here. I do remember once when working a security (Snooze) job. They had us showing up 15 min early. One guy got mad after being fired and sued for 5 years of 15 min early. At that time, we made $6 an hour. He did get $1,950 minus the deductions. But he could PROVE the fact he wasn't paid for them. You can't and it'd not be worth the time to do so.
Just move on and don't look back.
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