Legal Question in Employment Law in California
First full shift not paid
i was called on the phone by one of the doctors saying i was hired but i needed to come in on my own time(would not be paid for it)before i started to find out what i would be doing and learn a little about my duties. being I was out of work for 10months i wasnt able to turn down the position. well i did go into the office for about 2 hours on a tuesday and started work on wednesday 9am- 6pm. the job was mon-fri 9-6pm. but when i received my first check i received compensation only for 16hours. when i addressed this with the other doctor(bosses are husband and wife)he said yes all employees are not paid for first full shift of work to see if i like it or not. i told him that i was never informed of this. is this legal, what should i do?
3 Answers from Attorneys
Re: First full shift not paid
No, it is not legal to withhold payment for a shift (or any hours) worked. An employer must pay for all hours worked, regardless of whether it is training or not.
What you have to decide is whether it is worth it to you to demand payment and possibly create some ill will, or to let it go and hope that they do not try to make such pay practices a (bad) habit.
Re: First full shift not paid
The appropriate mechanism -- if you wish to risk the ill will -- is to complain to the EDD (CA State Labor Commissioner).
Re: First full shift not paid
It is NOT legal. Contact the labor board and write to the doctors, (in writing) telling them how much to pay you (you may be entitled to continued pay for as long as they fail to pay you).
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