Legal Question in Employment Law in California
7 days a week 14+hr. days, not paid overtime!
I am trying to got some help for a security guy that works the center where I work. I think he has a good case and deserves to get paid for all the years that he's worked for 7 days a week, sometimes he'd work 17,18, even 20 hours in one day but now less then 14 hours a day, and he never has gotten paid for any overtime.
He was also told when hired that he would get a raise every 6 months (.10-.25) So after 2 years with no pay increase he asked his boss about getting a raise his boss asked him '' what would you be getting paid if you were in your country?'' and that was the last time he asked for a raise. Four years later he's still paid the $9.00 like when he was hired, and with the overtime never paid any.
He is a new father and even told me that his little baby girl doesn't even know who he his she cry's when she see's him, he can't even hold her, this is becuase he's working so much. They day she was born he had to be at work and wait for a call from the hospital from his wife.
What is the first step in getting help?
4 Answers from Attorneys
Re: 7 days a week 14+hr. days, not paid overtime!
The first thing for your friend to do is to consult with an attorney experienced in Labor Law issues. There are several specific questions that must be determined prior to an attorney being able to tell him whether or not he is properly due overtime. However, given his security job position, it is highly likely that he is due backpay, overtime, premium time and waiting time penalties for the last three years. The sooner he speaks with someone, the better.
I would be happy to speak with him by telephone should he like advice on his situation. He may reach me at (800) 447-5549.
Re: 7 days a week 14+hr. days, not paid overtime!
There are clear labor laws on work week periods, and the entitlement to overtime. The first step would probably be to make a demand on the employer. If this does not result in a reasonable outcome, you should have your friend visit the nearest office of the Labor Board to file a claim. If you are in the area and require further consultation, please feel free to contact our office.
Re: 7 days a week 14+hr. days, not paid overtime!
1st step is hiring a good attorney to help. He needs to have the attorney make a demand for payment, and then follow up with a claim for unpaid wages to the Labor Commissioner if not settled. Have him contact me if interested.
Re: 7 days a week 14+hr. days, not paid overtime!
Like everyone else has said your friend is entitled to a back pay. Basically this scum is taking advantage of this man's lack of knowlegde of California Labor Law.
Fortunately however, California law deals with this issue rather well. California Labor Code Section 218.5 states that in a case for unpaid wages the prevailing party will be paid thier attorney fees. So even if you friend does not have the money to hire an attorney, he can still get one because a good labor attorney knows he will get paid for his attorney fees. However, tell him not to hire any attorney who charges a contingency fee on the back wages. Call an attorney immeadiately or immeadiately get a claim filed. Also, he cannot be terminated for filing a claim with the labor commission.
Tell your friend he can email if he has any questions or can call at (408) 420-8130.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
