San Francisco, CA asked in Employment Law and Civil Rights for California

Q: My friend is being forced to work overtime by her tyrant of a boss. She can't afford a lawyer what should she do to sue?

Her boss also makes her co-workers work overtime

He refuses to believe her when she confronts him about his unfairness

He blames her for his own mistakes

He won't fire her so he doesn't have to pay for unemployment

He logs the hours in a way nobody but himself could access

Her co-workers are not the issue and she does not wish to leave this job

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2 Lawyer Answers
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: See: http://www.dir.ca.gov/dlse/faq_overtime.htm

Forced labor is slavery: is that really what's happening?

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: First of all, your friend should be asking the questions here. A lawyer should not be giving, in my opinion, advice unless it is to the actual client.

Nevertheless, hypothetically speaking, the employee always has the right to go to the Labor Commissioner and file a complaint about not being paid properly. The Labor Commissioner will take matters from there. The thing is to get a complaint filed with the Labor Commissioner. Your friend will have to do that herself.

In California, the Labor Commissioner has the power to issue orders to the employer, to compel payment of back wages earned but unpaid, plus overtime earned but not paid, plus interest, and penalties which the employer will also have to pay.

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