California Employment Law
California Employment Law Questions Answered by Legal Experts
Hello and welcome to JustAnswer.
I'm sorry to hear about your situation and hope I can help.
Are you the hourly employee or a different employee who complained on behalf of the hourly employee?
Yes, I'm the hourly employee. There is more to this. This hourly employee who has worked off the clock on Saturdays was forced into this position because the Director combined 2 positions into 1. In order to keep up this employee worked on Saturdays--but I don't know how many years? When I found out this year that it was off the clock and reported it to my Supervisor, I received immediate relatiation and was told by the Director it was the nature of the job and if I couldn't keep up I was not a good fit.
Second, this year, the hourly employee has been promoted to Salary and continues to work Saturdays as well as other persons in this in this department creating additional work load for me with last minute changes. In addition, the newly promoted salary employee has an additional person working in the day time to make sure that daily duties are kept up to the Director's standards for his bonus. I have reported the extra / unadvised work load to the HR department. However, they will not maintain any confidentiality and now I have to report direct to the Director while he re-assigns my job duties and can terminate me with in 2 weeks for my review. What are my options?
You can most certainly still file a wage claim against your employer for failure to pay you wages that you actually worked.
In addition to the amount of wages, you would also be owed liquidated damages (an amount equal to the wages you didn't receive) and a day's pages per day you worked without receiving the money for your work.
You can file a wage claim using the information available online here:
It is important to note that you are protected from retaliation for filing a wage claim, and any additional retaliation that you face would give rise to an additional cause of action for wrongful termination and/or retaliation in violation of public policy.
Also, currently, you also have a cause of action against your employer for retaliation in violation of public policy for retaliating against you for complaining about the employer's illegal practices, including requiring you to work off the clock on Saturdays for any length of time.
If you are appropriately classified as a salaried employee currently, your employer is free to require you to work Saturdays now, but your employer may just be trying to get around paying you overtime and additional wages by making you 'salaried.'
Could you tell me what your primary job responsibilities are and whether you supervise any employees?
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