Legal Question in Employment Law in California

Ok so I drive to work today about 30 min from my home. Clock in at 630am (Yard) time unload trash from my work truck from the day before...takes 30 min so at 7am the boss gets there and tells me to ride with these other guys to the job site that is 1 hour 30 min so that's 2 hours worktime for the day?

Then he saying we have to work 8 hours at that jobsite. Then ride for 2 hours back to shop. Then everyone is gone for the day so have to open 2 locked gates and a shipping container. unload pressure washers and other tools and lock them all up for the night. That takes another 30 min... that is 13 hours in one day with 30 min lunch break and 2 paid 10 min breaks. So that should be my regular hired rate of 23 an hour for 8 hours and time an a half for the other 4 an a half hours ? They just change my rate of pay to 3 different rates for that same days work? with no notice they whited out my time card and put different times for yard time 15 an hour. Drive time 10 an hour. job time 23 an hour. And if your passenger you don't get paid for no travel time? I told them that is not even min wage I think its 10.50 because it is roofing company that is incorporated and has over 30 people working there. They changed it to 11 an hour for driving. So if I ride with another crew I'm stuck with them working for 13 hours a day and they paid me for 8 hours at 23 an hour. no overtime at all ?

So I told the manager I cant work 13 hours in a day and only get paid for 8 hours? So he told me in front of other employees to turn in my time and he will get me my check. So that means I'm fired ? Does any of this sound wrong? Or can they just change my pay rate from 23 an hour.... to 2 lower rates?

I need help here.... I just had my first baby and cant afford to be without a job... but want to see the lil guy for a lil bit after work or at lest get paid for my time?

Thanks for any help you can give me....


Asked on 6/27/17, 1:36 pm

1 Answer from Attorneys
David Sarnoff Sarnoff + Sarnoff

This company may be violating numerous different labor laws regarding wages, overtime, and meal/rest breaks. In a 13 hour day, you should be getting 2 lunches and at least 3 rest breaks. Also, the way they fired you may be considered whistleblower retaliation because you were protesting what you thought was unlawful pay practices. If you wish to discuss you potential claims further, please contact our office at (877) 877 2545, or you visit our website at www.sarnofflaw.com for more information. We would be happy to discuss your potential claims with you.

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Answered on 6/27/17, 2:01 pm


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