Legal Question in Employment Law in California
Heres the deal - I work in the sales department as an administrative assistant in hotel in California. My typical schedule is monday through friday 8am to 5pm with saturday and sundays off. Over New Years Eve, we had a very large function at my property and I was "Required to work" this function from 7pm until 3:45am. Due to this "mandatory" shift, the sales office was closed during regular business hours so that we all could work the 7pm to 3:45am shift.
My normal pay is $15.38 per hour - i JUST found out that I am being paid $8.00 per hour for the new years eve shift. During my shift I did collect cash, unrecorded tips. My director is now giviing me the option to either #1, keep my unrecorded tips and get paid $8.00 per hour OR #2, pay back these unrecorded tips I collected and get paid my normal $15.38 per hour
I dont think this is right or fair (given not everything in life is fair... however...). I dont believe that it is right that they required me to work a ridiculous shift that is out of my normal schedule and then reduce my pay substantially.
WHAT ARE MY RIGHTS?
1 Answer from Attorneys
Unless you were informed, in advance, that your pay for performing a different function was at a different pay rate, you should be paid at the same rate you previously received, since wage is a form of contract and the terms of the contract cannot be changed retroactively. Nor can an employer deprive you of tips earned, unless it is part of a valid tip pool.
It is up to you to decide whether the amount at stake, here, is worth the risk to pursue, but if you believe it is worth it, you could file a wage claim with the Division of Labor Standards Enforcement.
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