California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law

I work in a restaurant in California as a pastry chef. Is

Customer Question
I work in a restaurant...

I work in a restaurant in California as a pastry chef. Is it legal for the employer to do the following: 1. Not post the weekly schedule until the Sunday evening of that work week? 2. Require an employee to come into work on their day off? and give less than 24 hours notice?  3. Require an employee to work an evening shift (5 pm to 1:30 am and then the very next day 8:00 am to 4:30 pm, for example) So, therefore without 8 hours for rest and sleep? 4. Require an employee to pay any losses for an honest mistake in food production that was not properly produced?  I am an hourly paid part time employee. Thank you.

Submitted: 4 years ago.Category: California Employment Law
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 13 minutes by:
4/11/2013
California Employment Lawyer: Patrick, Esq., Lawyer replied 4 years ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 13,392
Experience: Significant experience in all areas of employment law.
Verified
Good afternoon and thank you for entrusting me to answer your question. I will do everything I can to assist you.

The first three scenarios you describe are legal. There are very few laws with regard to the scheduling of work, and in general employers retain tremendous freedom to demand that employees come in on short notice, on their day off, or immediately following an evening shift.

One thing I will note, however, is that if an employee is made to work past midnight and then the next day, the hours past midnight must be included in the overtime calculation for the next day, (by default, the new workday begins at midnight unless otherwise prescribed by the employer) and all hours in excess of 8 must be paid as overtime. So, in the scenario you describe working until 1:30 a.m. and then 8:00 a.m. to 4:30 p.m., assuming a half hour unpaid lunch on the 8-4:30 shift, an employee in this circumstance would be entitled to time-and-one-half pay for the the last 1.5 hours of their shift, since these hours exceed the threshold of 8 per day that an employee can be required to work without overtime.

I will also note that if an employee is made to work 7 consecutive days within a workweek (i.e. Sunday-Saturday), the employer must pay overtime for all hours worked on the 7th day, regardless of how many hours that is.

With regard to the last scenario, this is absolutely ILLEGAL. California labor law zealously protects an employee's earned wages and permits deductions only in certain extremely limited circumstances. Only if the loss caused by the employee is the result of an intentional act (i.e. stealing something) or gross misconduct (i.e. showing up drunk and crashing a company car) would an employer be permitted to demand repayment for a company loss. Otherwise, the employer is essentially requiring the employees to shoulder the risks of the company while still reaping the company profit. This would be extremely unfair and is not allowed.

If an employee in your circumstance wishes to pursue overtime and make a claim for unlawful deductions from pay to recoup employer losses, the best avenue of recourse would be through the Department of Labor Standards Enforcement. Employers are legally prohibited from retaliating against employees who make complaints with the DLSE, and if you were to be suspended, demoted or fired as a result of making a claim, you would have an additional claim for damages.

To file a wage claim with the DLSE, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Very best wishes to you.
Ask Your Own California Employment Law Question
California Employment Lawyer: Patrick, Esq., Lawyer replied 4 years ago
Timothy,

Please see here for more information regarding permissible and impermissible deductions from wages: http://www.dir.ca.gov/dlse/faq_deductions.htm

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Kindest regards.
Ask Your Own California Employment Law Question
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 13,392
13,392 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

1,285 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Tina

Tina

Attorney

923 satisfied customers

JD, 17 years experience & recognized by ABA for excellence in employment law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

35 satisfied customers

General Practitioner. Research Attorney

Roy Hadavi

Roy Hadavi

11 satisfied customers

Attorney at Law Offices of Rosenstein & Associates

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

< Previous | Next >

Related California Employment Law Questions
I am the manager at my family business and had a customer
I am the manager at my family business and had a customer write a check that bounced I would like to help from a lawyer to recover funds of $18k … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
I have a question, I'm getting a job at a company and they
I have a question, I'm getting a job at a company and they are offering me options. However they are not telling me strike price. Should I be concerned? … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,296 satisfied customers
I am a Case Manager for developmentally disabled clients and
I am a Case Manager for developmentally disabled clients and am required to travel from each of my clients house within the county and spend 2 to 3-hours with each one. I drive my personal car and am … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,392 satisfied customers
How soon can I get a response from an employment lawyer. CA.
hello how soon can I get a response from an employment lawyer … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My husband works for a company that has a Union Contract. At
My husband works for a company that has a Union Contract. At times he is made to work up to 3 weeks straight with no time off. Is this legal? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
This is new to me since I was never before been terminated
Hello, this is new to me since I was never before been terminated this way, only once as a multiple layoff situation. My employer of 27 months, a very successful start up who has grown from a 100 empl… read more
Bill Attorney
Bill Attorney
law
1,605 satisfied customers
I have a question concerning my open California State
I have a question concerning my open California State Disability. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Marsi I worked for local 324 from 1987 to 1995 they say I am
Hi my name is ***** ***** I worked for local 324 from 1987 to 1995 they say I am short seven to 10 hours to become vested I believe I had a total of 9800 hours but all of my papers burned in Sonoma co… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
I have been called to an investigation meeting with my
I have been called to an investigation meeting with my employer based on a complaint that another employee said i have been rude and condescending for 2 years. The interrogation is on Tuesday. I would… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,296 satisfied customers
I was out on pregnancy disability from april 1, 2017- August
I was out on pregnancy disability from april 1, 2017- August 1, 2017, then took 6 weeks of cfra from August 1 to September 12th. … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I suffered a workers comp injury back in 2013 and have
I suffered a workers comp injury back in 2013 and have lifetime medical for psych and my right shoulder here in CA. My case was recently reopened, and I would like to request a service dog again for m… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am looking for an attorney with experience in workers
Hello, I am looking for an attorney with experience in workers compensation … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I am looking for help regarding my job, which is
I am looking for help regarding my job, which is headquartered in California, but I am located in MI … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,392 satisfied customers
A company offered a PR position to service their LA and NY
A company offered a PR position to service their LA and NY agencies. The employed mentioned that this position would also be helping their TBD/soon to be launched company. Upon confirming employment, … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a small California based consulting business. So far,
I have a small California based consulting business. So far, it has been me with no employees on payroll. My first full time employee comes on board next week. I want to make sure I am in compliance w… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,296 satisfied customers
I have a Salary employee who did not give her two weeks
Hello-I have a Salary employee who did not give her two weeks notice. Question: Do we have to pay out her accrued PTO and Sick time?… read more
legalg
legalg
Other
Juris Doctorate
35 satisfied customers
My employer owes me 6.5 years back pay for "special
My employer owes me 6.5 years back pay for "special incentive compensation" because I hold state license registration that qualifies me for this union contract extra pay provision, however employer is… read more
legalg
legalg
Other
Juris Doctorate
35 satisfied customers
What does this statement mean? For the reasons provided
What does this statement mean? For the reasons provided below, we have determined that you cannot perform the essential functions of a Document Verification position.… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,392 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x