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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5046
Experience:  Extensive experience representing employees and management
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I work for a nursing home and at my place of employment the

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I work for a nursing home and at my place of employment the are forcing us to work off the clock to finish our work. They are not telling us to but they are making it so that we have to. They are making us call our supervision to get an okay for overtime to finish our work but are only giving us up to 30 minutes to finish. We all have at least 30 residents to take care of and it is virtually impossible to finish everything in the amount o time. We have to finish our work to protect our license, so to finish we have to do it on our own time. We already never have time to take our 15 minute breaks so they are getting 30 minutes of free time for every nurse, every shift. Is there any thing we can do about this?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

Your employer is commiting violations of the California Labor Code by requriing you to work through your rest breaks (although you are only entitled to 10 minutes not 15) and by requring you to work overtime without compensation.

I suggest that you file a wage claim against your employer for these violations so you can receive compensation for the 'off the clock' work you are being required to do in order to complete your job.

You are protected from any retaliation, up to and including termination, for filing a wage claim, so you would have an additional cause of action for wrongful termination in violation of public policy.

You can file a wage claim using the forms available online here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm
Joseph, Lawyer
Satisfied Customers: 5046
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you

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