Legal Question in Employment Law in California

I work at an at-home childcare in San Jose and was wondering if my employer can force me to pay for a substitute on the day that I have off from work? I work Mon-Thurs and have been paying out of my own pocket our substitute that is needed because of the amount of kids we have enrolled. We must have two adults there because we have 13 kids there.....I also picked up a job on the day that I have off to help pay my bills and she said that if I accepted the other job then she would be forced to put at me at part time because it wouldn't be fair to her that I wouldn't work on the day that we agreed that I would have off. She also said that I am not full time and owe her hours. I work 36hrs a week from Mon-Thurs


Asked on 6/15/14, 10:03 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You are not liable for the cost of sub's, especially if you are not paid for your day off.

You are hourly and must be paid OT for all time over 8/40 unless you have a specific four day/week contract that defines hours otherwise. You can not be retaliated against for standing up for your proper rights. Contact the local Labor Commissioner to complain about your wage and hour issues.

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Answered on 6/18/14, 2:16 pm


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