Legal Question in Employment Law in California

I'm working as a Live in Staff member taking care of Adults with mental handicaps, and my employer has told me that I must work 11 hour work shifts but only get paid for 8 of those hours. With no overtime. They are charging me $208 every paycheck for my live in and meals. But from what i've read i'm over paying them every check. i've been told multiple times by the owners family that I need to just work for the company and not ask any questions, implying that I need to work and sacrifice myself for the their company with no compensation insisting that we need to work for free because it's Only because of them that I have my job to begin with making me feel guilty for not wanting to work for free. I've been working for them for a year and a month. I appreciate any and all help with this Thank you to anyone who see's this.


Asked on 10/26/16, 10:41 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

You need to speak ASAP with an employee-side attorney who can help you determine your rights. While it is impossible to say for sure, it appears that you may be entitled to overtime. You may also be entitled to compensation for meal breaks and rest breaks.

It would be illegal for your employer to retaliate against you for pursuing your rights to those claims -- but a retaliation claim would not pay your rent if it occurred and you were terminated. These are issues you need to discuss with your attorney.

You also should not wait. This is likely not a situation that will improve with time. You may be able to find counsel here on LawGuru, through your local county bar association, or simply a search online.

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Answered on 10/26/16, 2:17 pm


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