Legal Question in Employment Law in California
Im a class A commercial driver and heavy equipment operator. My employer only wants to pay me for some travel time or no travel time depending on the job. I have a personal commute to the yard/office where I pick up and drive a company truck with the equipment/tractor I need to perform my job for the day.
The other day I finished a short job. About 3 hours of actual work on the jobsite. I asked how many hours I would be paid for and he said "4 hours, is that fair?" I said, "not realy." He said, "well times are different now". I left the yard at 6:00 am and returned at 11:00 am. Thats 5 hours and I did not take a break. When I go into the shop to turn in my job ticket I see that he left me a note asking me to unload some equipment at the office/yard. This work would have taken about 20 to 30 minutes. I did not unload the equipment as the note requested because he was not paying me for all the time I had worked that day or to unload the equipment.
Later that evening I get a text message from him asking why I didnt unload. I said, "because I was off the clock". He then calls me. He said, "so you want to make your $27 per hour unloading equipment at the yard? We gotta help each other out. Times are hard." I said, "I cant work for free". He then got upset and threatened to call unemployment and tell them Im denying work. He also said, "maybe I will lower your wage to $22 per hour and see if you deny work."
Please advise me on what I can do here. I dont necessarily want to work for him anymore, but Im not quiting or denying work. I realy dont want him messing with my unemployment as this is all I have to barely get by. Im in the process of a career change getting endorsements added to my license so that I can begin applying for fuel tanker truck driving jobs. It may be 6 to 8 weeks for me to get this new job because it is going to take at least 4 weeks for the dmv to send me my new license with the proper endorsements before I can begin applying. Please help. I know that the other guys arent getting paid for full travel time as well. It would be nice to help them as well.
1 Answer from Attorneys
You are correct. You do not have to work for free. Once you report to work, you are on the clock and until you are relieved of all duties, you remain on the clock and should be paid for your time. That would include unloading the truck in the yard.
It sounds as though this employer wants to make up the rules, as it goes, under the guise of financial hardship. It doesn't work that way. And calling the EDD is a ridiculous threat. They will not require you to work for free. If you are fired for refusing to work without pay, you would have grounds for a wrongful termination lawsuit.
You need to keep accurate record of all the hours you work, from the minute you report for work until the minute you are off work, including keeping track of all breaks permitted. When you are ready to leave, you should demand this employer pay you for all hours you have not been compensated for. If they refuse, you can file a wage claim with the California Labor Commission or see an employment lawyer for legal advice.
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