Legal Question in Employment Law in California

Harrassment at Work

I work at an agency where we are threatened with our job every day. We are told that we have to work over 40 hours and get regular pay, not overtime. If we wear our hair a certain way or have on an outfit that the owner doesn't like, we are told that we could get fired. If we don't answer the phone by the second ring, we may get fired. Is this legal? If not, do you know the name of the law that states otherwise. Thanks!


Asked on 9/05/06, 11:35 am

3 Answers from Attorneys

Alden Knisbacher knisbacher law offices

Re: Harrassment at Work

It is generally illegal to require California employees to work more than 8 hours per day and not pay overtime -- there are certain exceptions for some salaried employees whose job duties are in management. You are likely owed overtime pay. As for the harassment, that may be illegal as well -- harassment based on sex, age, race, disability or sexual orientation is illegal. If you are treated differently than other employees based on sex, age, race, disability or sexual orientation, the employer may also be violating the law. Feel free to respond privately to my email below if you want to follow-up. Good luck.

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Answered on 9/14/06, 6:39 pm
Beth Mora Cooper & Mora, A Professional Corporation

Re: Harrassment at Work

Alden Knisbacher,

I am sorry to hear about your work environment. There are numerous overtime laws which apply to employees who work over 40 hours in a week. However, it is important for me to understand what it is you do to better answer your question as there are differences per types of employment.

As for the other abuse, this may or may not be illegal depending on the purpose of the abuse, the manner in which it is done towards one employee verses another, and the type of work environment. I would definately need to learn more information to respond better to your questions.

Please feel free to contact me at the e-mail or telephone number provided.

Sincerely,

Beth Mora

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Answered on 9/14/06, 6:44 pm
JEB Pickett Wynne Law Firm

Re: Harrassment at Work

Generally, all employees in California are entitled to overtime for work over 8 hours in a day and/or 40 hours in a week, with certain exceptions that may or may not apply, dependent on the type of work you are performing. We would need to know more about your work in order to help you, or you may visit our website for more information.

You likely have a good claim for your overtime, which you may seek for yourself through the Dept. of Labor Standards Enforcement (http://www.dir.ca.gov/dlse/DistrictOffices.htm) or through an attorney.

Requirements as to hair or dress are usually not permissible, other than your employer can require that you are presentable. If you would like further assistance, please feel free to call.

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Answered on 9/14/06, 7:08 pm


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