Legal Question in Employment Law in California
help
I have a friend who works litterally 24/7/365 at a motel as a manager. The owner says it's because he provides an apartment for them so they have to work year round. if they ask for time off, he gets very irritated and has on more than one occassion refused them. They can't even enjoy a night out with their child, before he starts calling and demanding they return to the property. The propeerty is also in some major violations and they fear the man daily. any advice?
2 Answers from Attorneys
Re: help
They have the right to bring a claim for failure to provide breaks and unpaid compensation for the time worked. In doing so, they are supposed to be protected against retaliation, but if it occurs, that is a separate, more valuable claim. Have them contact me if interested in seriously pursuing, if in SoCal.
Re: help
They do not have to work 24/7, just because an apartment is provided. . . If your friend wants to stay in that situation (doesn't want to move) I would suggest that they document the calls, and the work and time that they do the work so that down the line if they need to, they will have evidence they can use in a lawsuit. . .
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