How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5221
Experience:  Extensive experience representing employees and management
54899578
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I work at a major retail store. Often, the managers want to

Customer Question

I work at a major retail store. Often, the managers want to cut hours after the schedules have been issued. For example, a manager will ask if you will leave your shift early or call you at home to tell you that you do not have to come in. Some employees feel pressured to leave or not come in even though they need the work hours to pay their bills. Management will say it's voluntary but some people worry that if they don't comply when asked that they may be assigned fewer hours in the future or be viewed as uncooperative and receive lower raises, etc.

I found a publication on the CA Labor Commission website that addresses Employee Rights. It states: "Here are some rights that protect your working conditions: #7: The right to be paid every time your employer asks you to report to work: Each workday you are required to report for work and you do report, but you are not put to work or you are furnished less than half of your usual or scheduled day’s work, you shall be paid for half the usual or scheduled day’s work, but in no event for less than two hours nor more than four hours, at your regular rate of pay."

Does this mean that if you "volunteer" to go home before your shift is over, you should be paid a minimum of 2 hours or up to 4 hours? Or if you volunteer to go home or not come in, then you forfeit any minimum pay requirements? What if you feel forced to leave early even though you're "asked"? How can you say NO without fearing some kind of retaliation?
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.

My goal is to provide you with excellent service.

Have you ever been 'asked' not to work once reporting or after only a few hours while at work?
Customer: replied 1 year ago.
Yes I have and I went home willingly. Could I have insisted on being paid for half my shift? Or, by volunteering did I waive any rights to file a wage claim? Today one of my co-workers was asked to leave and she replied "what if I say No" because she didn't want to leave. The manager replied that she was asking and would really appreciate it if she were willing to leave. My co-worker felt the manager would not take No for an answer and feared getting on the manager's bad side. This manager has a reputation for being vindictive and writing employees up for minor infractions. My co-worker clocked out before she had even worked 2 hours and I think she was scheduled for a full 8 hour shift. She was not happy that she barely made enough money to cover the bus fare to and from work. Can she file a complaint or a wage claim? Would the employer be able to argue that she was not forced to leave because they "asked".
Expert:  Joseph replied 1 year ago.
Hello Christine,

It would be a factual question whether or not you actually volunteered or were compelled by your employer to leave work. It does seem that your manager has a significant amount of power to 'influence; your decisions, so that could be taken into account in determining whether or not you have a valid wage claim.

It does seem that the situation that you describe with your co-worker is a little closer to being accepted, but again, it would be a factual issue, since the manager appears to be trying to cover his or her bases by 'asking' instead of ordering.

You and your co-workers are protected from retaliation though if you do file a wage claim, which you can do online here:

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

Please let me know if you have any follow up or clarifying questions.

Thanks and best of luck!

Customer: replied 1 year ago.
So if you do cut your hours willingly, the employer has no obligation to pay the minimum of 2-4 hours? Or, would you only know after filing a wage claim and seeing whether the employer challenges it?
Expert:  Joseph replied 1 year ago.
Hello Christine,

If you actually did so 'willingly,' then no you wouldn't have a wage claim against your employer. But if you were coerced into agreeing to a cut in your hours, then you could still have a valid wage claim.

(Also, the employer is more than likely going to challenge a wage claim if you file one).
Joseph, Lawyer
Satisfied Customers: 5221
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello Christine,

Thank you for your positive rating of my service and the very generous bonus! It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question and/or requesting me directly in California Employment Law.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    869
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    332
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3602
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
 
 
 
Chat Now With A California Employment Lawyer
Joseph
Joseph
California Employment Lawyer
5221 Satisfied Customers
Extensive experience representing employees and management