Legal Question in Workers Comp in California
Hi i am a dental assistant and i am currently doing two jobs one is my dental assisting position and the other a pcc. i am only being paid my salary rate which is as a dental assistnat. i asked for a raise and that was denyed but my manager said she can still utilize me in the front. for the past 3 weeks i have been working as a pcc not a dental assistant but only getting paid as a dental assistant also i have not been getting my 10 min breaks throughout the days that i work..what can i do or whats the next step. i need help
1 Answer from Attorneys
The California Division of INdustrial Relations www.dir.ca.gov has a Wage Claim site to file a complaint with the state about the breaks.
I am not familiar with any code requiring the dentist (or the corporation) to provide you with work in a particular job. If you are offered duties at a wage and you accept performing those duties at that wage, you have accepted the work. If you do not wish to perform "PCC" at that wage, decline to accept that work.
IF you have a WRITTEN CONTRACT that specifies in detail that you will be paid as a PCC when performing duties as a PCC, then you would make a demand for payment in writing for payment per the written contract.
If you have no written contract, the Civil Court and the Labor Board will not be able to force payment at a different wage than that to which you agreed to accept as your salary.
California is an "AT WILL" employment state; when an employer has no need for your services you can be terminated at that moment. If this employer no longer required a dental assistant and had no other available work, you could have been terminated. Because this employer has other duties you were 'offered' the other duties at the old wage; if you did not accept, you needed to communicate that you do not accept the new duties at the old wage.