Legal Question in Employment Law in California
Overtime not being paid for major corporation
I and my associates were hired to be retail associate for a store inside a major hotel. Since being hired we have been working over 8 hours a day without breaks or bathroom privelages and somedays even no lunch. When we submit our true hours on our time sheets we are told by our supervisor that we cannot since overtime is not allowed. We complain and are told ''we all are working hard and we dont want to get in trouble with the company since they dont approve of overtime.'' I want to notify my HR department of this without risk of loosing my job (as do my associates). What is the best way to put them on notice in writing that I cannot work without breaks. One day we went in at 10:00 am and left at 8:oo pm and were not allowed to charge for the overtime.I am an hourly employee by the way.
Please advise..Thank you so much.
5 Answers from Attorneys
Re: Overtime not being paid for major corporation
You have several claims against the employer. The first step would be to file a DLSE claim against the employer for the unpaid over-time hours as well as the missed meals and breaks. However, before you do so I strongly advise you to get an attorney in your area to represent you in this matter.
Feel free to contact me to discuss this matter further.
Re: Overtime not being paid for major corporation
FYI, rest periods ("breaks") are net 10 minutes per 4 hours work period or major fraction thereof, not 15 minutes. See http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm
Re: Overtime not being paid for major corporation
You should file collectively for the pay. Feel free to call me at in San Francisco 415,522,5200
Re: Overtime not being paid for major corporation
Advise your employer that Labor Code Sec. 510 requires overtime pay (1.5x's your regular rate) for any work performed over 8 hours in a day or 40 hours in a week. You can also advise them that the Labor Code requires 2 15 minute rest breaks in an 8 hour period and a 30 minute uninterrupted meal period that must be provided within 5 hours of beginning work for any day on which more than 6 hours of work is to be performed. Failure to provide these breaks requires your employer to also pay an additional 1 hour of regular time pay to you.
Notify your HR Dept. immediately as your supervisor is not complying with the law.
Please feel free to call me to discuss how to notify your employer and/or what other steps to take if needed to ensure proper payment to you
1.877.352.6400
Re: Overtime not being paid for major corporation
You all should file claims with the Labor Commissioner. There are no guarantees the company won't retaliate, but if they do, you then have a lawsuit against them. You should consider jointly hiring an attorney to represent you in the process. Feel free to contact me if interested.