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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33871
Experience:  Retired (mostly)
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Hi, Im working as Receptionist in an Assisted Living Facility.

Resolved Question:

Hi, I'm working as Receptionist in an Assisted Living Facility. When I started working I read the employee manual and it stated that working less than 40 hours a week does not qualify you as a full time employee and you are not entitled to benefits. I spoke with the Director of Operation at the time was the highest authority in the premises and asked her if she can add 4 more hours to becomme a full time employee. She responded to me that because I work 6 days a week I am a full time employee. Two days ago I decided to call the corporate office to ask how many days I'm entitled for vacation after a year of working there? He responded to me that I do not qualify for vacation because I'm not a full time employee. I went to the Executive director and asked to clarify. She told me that I was given the wrong information by the Director of Operations. So I asked her to give me 4 more hours to become a full time employee. After a day she came back to me and told me that I can have 4 hours on Friday from 10 am to 2 pm. I told her that Friday is my onluy day off. Is it legal to work every day of the week and month? Are there any laws that state that you must have a day of rest in a week? is she offering something ilegal? By the way my working schedule is Mon, Tue, Wed, and Thur from 3:30 pm to 8:30 pm and Sat & Sun from 12 noon to 8:30 pm
Thank you
Submitted: 2 years ago.
Category: California Employment Law
Expert:  socrateaser replied 2 years ago.
Under Labor Code 551-552, no employee can be compelled to work more than 6 days in 7, unless the employer provides the extra days off to the employee at some other date during the same month.

Example: if you work 14 days in a row, then your employer must provide you with 2 days off before the end of the same calendar month.

That said, you are in a different situation, because you are asking for an extra 4 hours, and the employer is telling you that the only avialable hours are on the 7th day of the week. Thus, the employer is not compelling you to work -- the employer is simply telling you when the hours are available to you.

In my opinion, the employer is using the law to try to avoid telling you that you can't be full time. However, I think this may backfire, because, once the employer permits you to work that extra day, and does not give you the same number of days off by the month's end, then the employer will be subject to a violation of the Labor Code, and you can complain to the Division of Labor Standards Enforcement. At that point, if the employer cuts back your hours, you would be able to claim discrimination and that would give you a different claim against the employer.

So, if you want to play this game to its conclusion with the employer, then you can take the seven day schedule, work the remainder of the month and then file a complaint with the Division of Labor Standards Enforcement.

Hope this helps.

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socrateaser, Lawyer
Satisfied Customers: 33871
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

Is there anything I can do with the missleading information I got from the Director of Operations? Do I just let it go....???

I think what I will do is just give my 2 weeks notice before Thanksgiving and go and have a good and deserved vacation!

 

 

Expert:  socrateaser replied 2 years ago.
Here's the thing. Unless you can prove that the Dir. of Ops. actually provided different instructions, then the director can change his/her story, and if it ends up in a courtroom it will be your word against the director. Ties go to the defendant in court, which means you will lose.

So, if you can't get the director to admit that he/she gave you bad advice, then continuing to pursue that route may be a dead end.

Hope this helps.
socrateaser, Lawyer
Satisfied Customers: 33871
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you

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