Legal Question in Employment Law in California

Can a California employer fire me for refusing to work 13 hours a day for 8 hours of pay? he was paying me for all hours I worked for 6 months at 23 per hour. Just like we agreed on when I was hired. I get my check and notice that it is short over 100 bucks.... So I ask why? He told me they changed pay rates for yard time and drive time to 15 hour yard and 11 an hour for driving to the job but you only get drive time if you drive company truck and passengers don't get paid till they get to jobsite. Can he change my pay rate and alter my time card with no notice? Then I tell him I cant work 13 hours and only get paid for 8 that's asking for a lot of extra work off the clock... He said turn in my time and he will get my last checks.... I only had a verbal agreement that I needed 23 an hour for all my time so I could at least make 900 or more a week. That's how they paid me for 6 months then all these new rules all of a sudden with no warning.... and my checks dropped to under 800 every week....


Asked on 6/29/17, 2:58 am

1 Answer from Attorneys
David Sarnoff Sarnoff + Sarnoff

I believe you asked this same question a few days ago, and the answer remains the same. Under the circumstances you provided, it seems this company is violating the law by not compensating employees for their time spent commuting in company vehicles to remote jobsites. The law in California states that employees must be paid at least minimum wage for each hour worked, including the travel time from the main yard to the remote locations. Further, it appears you were retaliated against by your employer when you protested their unlawful pay practices, which could also form the basis for a claim of whistleblower retaliation. However, we cannot be certain of your claims without a more thorough discussion. Please feel free to contact our office at (877) 877-2545 to discuss both the off-the-clock drive-time payment issue and the whistleblower retaliation issue. We would be happy to evaluate those claims in more detail after a discussion. You can also visit our website, www.sarnofflaw.com, for more information.

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Answered on 6/29/17, 12:08 pm


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