Long Beach, CA asked in Employment Law for California

Q: What can we do about our boss pressuring us to work off clock and being his personal taxi?

My boss pressures us to work off the clock. He'll tell us to clock out and then tell us we need to do this and that. Sometimes, it's 5 minutes other times it's over an hour. And if we are on the clock beyond the time he told us to clock out, He gets pissy and will 'adjust' our time even though we are still working. He takes shifts away or calls people off their shift for "not being a team player" by refusing to work off clock.

He has even gotten upset at employees who have come in for dinner On Their Day Off for not helping. Making comments like "Sure, just sit there while Im doing all this work."

Nightly he pressures one employee to drive him home because he doesn't have a car. Making him wait around for hours to drive him home. When I asked the employee why he does it his reply, 'Im afraid he'll cut my shifts'. He constantly calls off other employees' shifts, so his free taxi driver is the one working.

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3 Lawyer Answers
Maya L. Serkova
Maya L. Serkova
  • Orange, CA
  • Licensed in California

A: Your employer is violating multiple CA Labor Codes that in turn authorize you and other employees to recover your unpaid wages and penalties. To address this issue, you have several options: (1) You can negotiate payment of your unpaid wages yourself; (2) Hire an attorney to negotiate payment; (3) File an administrative wage claim with the California Division of Labor Standards Enforcement; (4) File a lawsuit.

Each of these options has pros and cons. I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.

You can look either on this site in the Find a Lawyer section or go to California Employment Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck.


Maya L. Serkova

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: It is illegal for an employer to require employees to work off the clock or to withhold pay for hours worked. Your boss's actions are a violation of wage and hour laws.

Here are some steps you can take to address the situation:

Talk to your boss: You can try to talk to your boss and explain that his actions are illegal and unethical. Be sure to document the conversation, including the date, time, and what was said.

File a complaint with the Department of Labor: You can file a complaint with the Department of Labor's Wage and Hour Division. They will investigate the complaint and may take legal action against your employer if they find evidence of wage violations.

Contact an employment attorney: You can also contact an employment attorney who specializes in wage and hour law. They can advise you on your legal options and represent you in court if necessary.

Look for a new job: If your boss continues to pressure you to work off the clock and be his personal taxi, you may want to consider finding a new job in a more supportive and ethical workplace.

It is important to remember that you have the right to work in an environment that is free from wage theft and other illegal practices. Don't hesitate to take action to protect your rights and ensure that your workplace is fair and just for all employees.

Brad S Kane
Brad S Kane
  • Los Angeles, CA
  • Licensed in California

A: Your employer is required to pay employees for all time worked. Your employer appears to also be illegally retaliating against employees for asking to be paid for their work. There are multiple penalties that apply. You should consult an employment lawyer. Most provide free consultations.

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