Legal Question in Employment Law in California
My girlfriend works for a local subway restaurant and I am very concerned about her boss taking advantage of his workers because they do not know the law. He makes them work 2-3 hour shifts, work after they are clocked out, and also cut one of his female worker�s hours because she was going to file a sexual harrasment case on a male co-worker who was touching her in an uncomfortable manner. Please let me know if any of these actions are against the California labor code. Thank you!
6 Answers from Attorneys
Of course it is. Employees must be paid for all hours worked. It is illegal to require employees to work off the clock.
It is also illegal to retaliate against an employee who complains about being sexually harassed.
The question is, what are the affected employees going to do about it? If they are smart, they should consult with an experienced employment law attorney located in the city or county they live and work in to discuss their legal options.
I agree with Mr. Kirschbaum. I write just to add that 2-3 hour shifts are not illegal. The rest is.
We are interested in this case. Please call us at (310) 826-6300, ext. 50.
Any employee retaliated against in any way for reporting illegal harassment or discrimination has grounds for a lawsuit. Any employee not properly and fully paid for all time worked can file a lawsuit, or file a claim with the Labor Commissioner, for unpaid wages, OT, penalties and interest. If they win, they are entitled to their attorney fees. If serious about pursuing this, feel free to contact me for the legal help you'll need. I've been doing employee rights law for over 20 years.
Retaliation for reporting sexual harassment is a violation of the law and it may also be evidence that the employer is validating the co-worker's misconduct in which case the employer could be held liable for supporting the misconduct. It's just plain wrong. You should seek the advice of an attorney. I hope this helps. Bob
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