Legal Question in Employment Law in California
I have been with this company for 3 years. From the beginning of my employment all of the employees were told to be t work 15 minutes before their shift started, but we were not allowed to clock in during this time. We were setting up our equipment, etc... during this prior 15 minutes that we were required to be at work. Then, just recently, we were told that we could clock in as soon as we got to work during the 15 minutes early that we were required to be at work. So my question is this. Shouldn't we be getting paid for all of the times that we weren't getting paid for before the rules changed? We were even marked as late if we weren't at work 15 minutes before our shift started. Does the employer owe us back pay?
2 Answers from Attorneys
You and your fellow employees may well have a claim for unpaid wages. Assuming you are in California and California law applies, you may also be able to pursue claims for penalties pursuant to the Private Attorney General's Act, found in the California Labor Code. This Act allows employees to bring something similar to a class action, and may allow you to recover your attorney's fees. Indeed, some lawyers take these cases on on a contingency basis.
I have worked on this type of claim before. They are a lot of work, and they are not something you should pursue on your own. The only exception is if you wish to pursue your own, individual cause of action before the CA Labor Commissioner or in small claims court. You also need to be informed about your rights if your employer retaliates against you for pursuing a claim.
I strongly urge you to talk with an employment lawyer at your earliest convenience about how best to preserve your claims and pursue your rights. You want to act quickly, so as to avoid any statute of limitations problems. Many of us offer a free consultation for this type of lawsuit.
Yes. Employees are to be paid for all time they are 'required' to be at work. Usually that means you punch in timely enough to be at your station at the start time, and not leave your station until the end time. But if they are requiring extra minutes at each end, then they owe you pay for that time. You have a claim for unpaid OT for those extra minutes, and can probably look back three years in computing your claim. You can do this with a lawsuit, which is the most effective and cost efficient in your situation, and you can have all the employees join the suit with one attorney. You could also individually file a claim through the Labor Commissioner and pay your own attorney.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible.
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