Legal Question in Employment Law in California
On the Clock
My 18 year old daughter was told by her employer at a grocerey store that she had to walk the store (to know where everything was at) on her own time. She was not allowed to do that on the clock. He also said that if she clocks in she needs to go straight to her register and help customers without counting the money. If she was short at the end of the day it would be her fault. Counting the money prior should be on her own time. When she questioned the labor law about it she said she would ''walk the store'' after she clocked in, he sent her home. She did go back and quit the job because it was the 2nd time he has done that. He told her he would not fire her because he wanted her to quit so her employment record would look bad. She recently found out that he is having the employees wipe expiration dates off of products so he can sale them after they expire. Even on the meat. Is there anything we can do to stop him or have him investigated?
4 Answers from Attorneys
Re: On the Clock
SURE. You can contact the Labor Commissioner to report wage and hour violations, and to make a claim for unpaid compensation for those hours. You can contact a series of state and local agencies to report the expiration date problems. Contact me if interested in help doing so.
Re: On the Clock
If she is fired, or forced to quit, she has a claim of Wrongful Termination that an attorney would be glad to take. Contact me if that happened.
Re: On the Clock
Any work an employer requires an employee to perform must be paid for in the form of wages. There was a recent unanimous United States Supreme Court case holding that even time spent getting dressed for work, where an employer requires special garments must be paid for. Accordingly, your daughter should've been paid for the time she was following the employer's direction by walking the store.
It also sounds as if this employer is endangering the public by obliterating expiration dates to defraud customers, which would be a violation of public policy. However, it sounds as if this practice was not the reason for your daughter's resignation.
Even though your daughter quit, he still make the argument that she was "constructively discharged" because reasonable persons should not be required to work for free. You should consult with an employee rights attorney in your local area for further advice and guidance.
Re: On the Clock
In addition to what Mr. Turner recommends, she might consider appropriate steps to protect the public, including notifying local health authorities and/or the consumer affairs division of the CA attorney general's office.
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.
