Hello, 1. We would often work more than 5 hours, without a lunch, and did not consent to waive the lunch. Yet, we're not paid for a lunch if we worked less than 6 hours. Costco says that they have an agreement with the union that they don't have to pay for lunches before 6 hours. Well, I wasn't a member of the union! All I did was fill out an application to join. Nowhere in the application does it state that I am bound to any union contracts during my probation.
A: The right to meal periods applies to workers covered by collective bargaining agreements. It is treated as a nonnegotiable right and federal law (LMRA § 301) “does not permit parties to waive, in a collective bargaining agreement, nonnegotiable state rights. ” Valles v. Ivy Hill Corp. (9th Cir. 2005) 410 F3d 1071, 1080 (internal quotes omitted).
So, here you're correct, and Costco is wrong (ed. op.).
2. I gave them two weeks notice, but they never contacted me again to take me up on it. I feel that I should have been paid in cash, immediately (as per CA law), and certainly no later than 72 hours. But, I wasn't paid for a whole week. They said that since it took them time to figure out what I was doing, they're only paying me for one day. I think I'm owed at least 4, and likely 7.
A: This issue is too "fact sensitive" for full analysis in this forum. You're entitled to be paid within 72 hours. Labor Code sec. 202. Waiting time penalties accrue on a daily basis. Mamika v. Barca (1998) 68 CA4th 487, 493, 80 CR2d 175, 178. This is one where you will have to file a complaint with DLSE and let them try to figure out the facts.3. They do their paychecks to a debit card. I feel (again per California law) that upon my resignation, my automatic payment should have ended. Yet, they have paid me 2 more times via the debit card.
A: I'm not following the question here. Regardless, more than likely, if the payment was more than 72 hours after your resignation, then you're entitled to waiting time penalities, and you can file a complaint with DLSE.
I'd like to be more definitive, but this is one of those areas where the employer may be able to claim that you had some commission component in your pay, and that it could not be determined with certainty until later in the work week or month. So, you'll have to file a wage claim and let DLSE try to sort it out. They are actually quite good at doing this for cases like yours.
Hope this helps.
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