Legal Question in Business Law in California

unsafe and unfiar work enviroment and empolyers

at my work i have very unfair working environment. the employer doesnt give us breaks or lunches. we get no overtime and we dont get paid for the time we are there. they give us an alotted time and if we go over it than we still have to stay and we get no pay. they hire people who are under 18 and let them work passed 10 pm. they also had me and another employee cleaning up rat poop without protective gloves ect... they do not turn on the air or heater no matter what the weather. we have rats, mice, and pigions in the store. what should i do to get some of these issues resloved?


Asked on 1/28/06, 4:30 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: unsafe and unfiar work enviroment and empolyers

You could contact an attorney as you have described numerous violations of the law. You could contact the Office of the Labor Commissioner, California Dept. of Labor Standards Enforcement. Or perhaps best of all, keep very accurate diaries of the hours you worked together with your pay stubs (don't keep these records at your workplace). When your employment eventually ends, you could sue for back wages, overtime, penalties and your attorney's fees based on these records. If you become sick as a result of the sanitary conditions you mentioned, you could also consult an attorney who is experienced in workers' compensation law.

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Answered on 1/29/06, 12:22 am
Sandeep Shah Shah Sheth, LLP

Re: unsafe and unfiar work enviroment and empolyers

Wow, I previously worked for a defense firm for 4.5 years that represented employers/companies in all labor & employment law matters, and I thought that I had seen some pretty bad situations, but this one is right up there.

You have mentioned some very serious violations of several labor & employment laws, and possibly even OSHA violations.

As was mentioned before, definitely keep track of all of your time records. Specifically, keep a diary of all of the start and end times each day. Also, if you ever ask for a break or lunch break, and it is denied, write down the specific date, time, etc.

Also, make sure to write down the specific date, time, person you spoke to, etc., if you complain to your employer about the working conditions.

You will need all of this information if you choose to file a lawsuit down the road to recover your back pay, etc.

Also, I think it is important for you to actually say something to your employer. That is, you should make a complaint. If they terminate you for making a complaint, that also is illegal, and you would have a wrongful termination/retaliation claim against them.

If you would like to discuss things further, please contact me at 9495097054.

Sincerely,

Sandeep J. Shah

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Answered on 1/30/06, 2:02 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: unsafe and unfiar work enviroment and empolyers

You raise a lot of important issues. Please provide me by e-mail with your contact info, and I'll get in touch with you.

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Answered on 1/28/06, 6:24 pm


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