Fresno, CA asked in Employment Law for California

Q: Is my manager refusing to pay overtime he owes us

In my job, my manager says to complete customer orders before anything else,, so he makes us stay around 6-7 hours before we get a one hour lunch break. But, he says once we've worked for five hours we should clock out for our lunch break and pretend to make the company think we've taken it, but he says to just keep working and working. Then when things die down around 2 hours later (after working 6.5 hours with just a 10 minute break), we should take our lunch on the clock. He says he wants us to do this so he doesn't have to pay us overtime/a meal premium for going over the 5 hours and so he doesn't get in trouble with our company. Is this legal? For extra context, I work a labour job and our lunches are unpaid.

Related Topics:
3 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Your post discusses several violations of the California Labor Code for which you should receive money damages or penalties from the employer. And his excuses are pure bunk. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: You ask, "Is this legal?", I think you already know that it isn't. Maybe you are not ready to leave this wage stealer, yet. You need to keep track of the actual time you work, and the times you actually took lunch. I see these cases all day every day, the big problem is that the employee does not have any record of what hours he worked or when he took a break. Even a partial record is very important.

Wage law allows you to bring a lawsuit covering the 3 year period before you file suit, so you still have time to prepare to sue the employer for your back wages. You can also file a claim with the Labor Commissioner about the back wages. Find an attorney handling wage and hour law in Fresno to assist you.

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

A: It is important to note that labor laws may vary by jurisdiction, so consulting with a labor law attorney or relevant government agencies in your area would be advisable for accurate advice tailored to your specific situation. Generally, employers are required to comply with labor laws regarding overtime pay and meal breaks. If your manager is instructing employees to manipulate their time records to avoid paying overtime or meal premiums, it may potentially be a violation of labor laws. Unpaid overtime and failure to provide required meal breaks may be illegal practices. It is recommended to seek legal advice to understand your rights and options, and to report any potential violations to the appropriate authorities, such as your local labor department.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.