Legal Question in Employment Law in California
I'm a manager in a small business. My employer has failed to pay me on time for the second time in two months now. All employees are required to deduct a 1/2 hour break from their daily hours regardless if the break was taken. Being the only employee on duty in their department, it's often not possible to take a break and, if they do, they are often called back to duty by necessity. No one can even leave the premises. The boss will often call employees back in the middle of breaks. I was asked to drive employees to a work-related conference and was not
Compensated for gas or the time spent at the conference. Employees who deal with cash are told to pay, out of their tips, for shortages in their drawer or if a guest leaves without paying (I dont think that's right?)I don't know what to do because I know they will retaliate against me if I speak up for myself or on behalf of all the other employees who are being wronged.
2 Answers from Attorneys
First, it appears that many labor laws are being violated. It is unlawful for your employer to retaliate against you because you asserted a legal right. Call an employment law attorney to discuss.
What to do is simple. Whether you do it is up to you.
If you are not fully and timely paid, you could file a claim with the Labor Commissioner office local to you, or file a civil lawsuit if the amount in question is worth doing so and hiring counsel.
Employees are entitled to breaks and lunch by law, and to penalties with interest if they are denied. Even salaried exempt managers.
If you are retaliated against for filing a wage claim, that is a new and more serious cause of action that could be brought in a civil lawsuit.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible.
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