Legal Question in Employment Law in California

I work for Subway. If I'm scheduled clock in at 12:00 and they make me sit and wait in the lobby until it 'gets busy', is it legal? I sat there for 2 and a half hours yesterday and 2 hours the last time it happened.


Asked on 10/15/09, 11:02 pm

3 Answers from Attorneys

Herb Fox Law Office of Herb Fox

It is "legal" as long as you are paid for that time waiting. If you are not being paid, it is a violation of state labor laws.

Do you know whether this is a policy affecting all Subways, or only your store?

I would like to discuss this situation with you. My office handles class-action wage-and-hour lawsuits, and you may be sitting on one. Please call me for a free 800-988-4807.

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Answered on 10/16/09, 9:40 am
Terry A. Nelson Nelson & Lawless

If you are saying they refuse to pay you for that time, you can file a claim with the Labor Commissioner for the unpaid time. If this is their policy, and there are others also being denied pay, then you could join forces to hire an attorney to bring a civil action for you, seeking penalties, interest and attorney fees in addition to the pay due. If so, feel free to contact me.

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Answered on 10/16/09, 1:29 pm
Raymond Chandler Law Office of Raymond Chandler

Given the bad econmony, many employers are trying to cut costs. In many cases employers are trying to increase profits by violating the labor laws because employee wages are by far the largest expense for an employer. You must be paid for the time you sit and wait. If you need further advice (at no cost to you), please call me toll free at 877-965-1999.

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Answered on 10/16/09, 2:28 pm


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