Legal Question in Employment Law in California
so I have worked as a hostess in a resturant for almost 2 years but when I first got hired they said I would get paid 9 an hour....then about a year and ahalf working with them ( and 3 new managers later) I realize I been getting paid 8 an hour. so when I let my manager know what happened she jus changed it no questions asked but do I get any back pay and also they schedual me for 4 hour shifts but they always send me home about 3 hours in. are they doing anything wrong here?
1 Answer from Attorneys
Verbal agreements are binding, so theoretically, the employer is liable for the pay difference, if they promised to pay you a dollar an hour more. The problem is that you accepted pay at the $8 rate for a year and a half, which would indicate that you were in agreement with that rate. If the employer denies they made such an agreement, you will have an evidence issue to overcome. Most people are aware how much they are paid. It should state the pay rate on your pay stub.
In the restaurant business many employees are sent home early when business is slow. There is something called reporting time, which requires employers to pay half of the scheduled work time, even if you don't work the full schedule, at no less than 2 hours. If you are scheduled to work 4 hours but are sent home after 3, the employer only has to pay for the time worked. If you are sent home after 1 hour. they must pay you for 2.
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