Rowland Heights, CA asked in Employment Law for California

Q: Is my employer’s rules illegal?

I’ 18 and works part time in a bakery for the fourth month. We have more than one stores with over 26 employees in total of these stores, and I have worked in all three stores every month depends on the shifts. I usually do not get tipped often and so I’ve never received any tips. I am currently getting $10.50 per month(in March 2018). The hours on the pay check are correct, but sometimes we have to work for about 15 minutes more after we close, and I do not get any additional paid. Addtionally, we do not have any “official breaks” even our shifts are more than 5 hours. We have to eat while working when we have( or have no) customers around.

I did a few research on these, but I still not sure in what part does my employer did illegally. Anyone help please.

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1 Lawyer Answer
Yitz Erik Weiss
Yitz Erik Weiss PRO label
  • Los Angeles, CA
  • Licensed in California

A: Under California law, you must be paid for all work hours. An employer cannot make you work "off-the-clock" in order to avoid paying you or to avoid incurring overtime obligations. Your are also entitled to a 10 minute rest break and a thirty minute meal break if you work more than five hours in a day. An employer's failure to pay for all time worked, or failure to provide required breaks may entitle you to additional wages and penalties.

You should consider contacting an employment lawyer to discuss your case in more detail, including whether you are being paid the appropriate minimum wage based on the size of your employer's business.

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