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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5123
Experience:  Extensive experience representing employees and management
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hourly worker was coming to work on Saturday off the clock.

Resolved Question:

hourly worker was coming to work on Saturday off the clock. When I informed management they said that was nature of the job. This worker has repeatedly worked Saturdays off the clock because the employees job was changed from 2 positions into one. I have brought it to management's attention and have been retaliated against by reassignment of job duties without telling me. In addition, this hourly employee has been changed to salary and has a an additional person helping this employee do their daily duties (after promotion to salary). I'd like to file a wage claim violation. Is it too late? What are the steps I need to take to file a wage claim violation if it's not too late?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

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?

Customer: replied 1 year ago.

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?

Expert:  Joseph replied 1 year ago.

Hello M,

 

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:

 

http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

 

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?

 

 

Joseph, Lawyer
Satisfied Customers: 5123
Experience: Extensive experience representing employees and management
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