Legal Question in Employment Law in California

I work m-f/9-5pm/8.00/hr with a 1/2 lunch. That's 75 hrs every two weeks. I am a donation bin attendant for a non-profit thift store. I am at a container by myself and the store is 40 miles away so the manager has me clock in and out with a 2 way speakerphone. I am very honest and show up early, come back from lunch early and do not leave until last minute. My checks are never accurate. My last one shows 70 hrs. My manager is rounding down the hours on me and cheating me out of money. Approx 80.00/mo. I have confronted him on the 2 way and have got nowhere. He says he will look into it and never calls me back. I am paid by direct deposit. What steps can I take to correct this? How can I prove my hours? Should I go over his head to the home office HR? I have kept my hours on a pocket calendar on my own as a record. I like my job, but my manager is cheating me. John McRae email: [email protected]


Asked on 2/15/13, 8:37 pm

1 Answer from Attorneys
Kristine Karila Law Office of Kristine S. Karila

It is unlawful for your employer to fail to pay you for the time you work or to falsify your time records. Write down the days and hours you have worked and gather your pay stubs and contact an attorney to discuss. If you are owed regular wages which haven't been paid, you can get monetary penalties. In addition, if you are owed overtime, you can get time and one-half or double time if you worked over 12 hours in one day, plus interest of 10% PLUS attorneys' fees. Continue to keep your own record of your time. An attorney can write a demand letter on your behalf or if you are uncomfortable with that, write down the info and submit it to HR and ask to be paid the money owed to you plus interest. If the company retaliates against you for asserting your right to be paid for the time you work, you would probably have a case for wrongful termination. P.S., it is not wise to include your name and email info on a public site such as this.

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Answered on 2/16/13, 9:03 am


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