16 years old, working illegal hours. Can I sue?

by **bachir93** » Thu Mar 31, 2011 9:30 pm

I live in Louisiana, and was unaware of the child labor laws when I started working. I don't get any breaks at work (subway), and always work 7+ hour shifts with no breaks unless I choose to eat when it's not busy, and then it'll last for 10 minutes before it gets busy again. I'm forced to get back up, often times interrupting my meal because there are only 2 people working the nights.

The law here is, every 5 hours worked, I must break for 30 minutes, unpaid. I've gone 14 hours twice without any breaks at all, not even to eat, and 10 hour shifts are common. Also, a couple days ago I got screamed at by the manager (literally...customers were popping heir heads in to make sure she wasn't about to hurt me) because I took a 40 minute break because I wasn't feeling well...and it was slow so the other employees didn't need my help. I did get off the clock for this break.

Screaming at me threw me over the top, I've had enough of her **** now. I know I can make her lose her job, easily by just talking to the owner, but now...i'm wondering if I can get some money out of it. Either through blackmail (unless that's illegal) or court. Advice?

by **dennie18** » Thu Mar 31, 2011 9:35 pm

Print out a copy of the labor laws and show her. Do it in a meeting so everyone sees what you're doing and tell her that if she continues to make you skip breaks, you have witnesses and proof. Enough to get her in trouble/canned and possibly sue.

by **freedom97** » Thu Mar 31, 2011 9:41 pm

Your lawsuit would have to be based on the notion that you got paid too much as you got no unpaid breaks. You might want to think carefully before advancing such a claim.

by **baigh75** » Thu Mar 31, 2011 9:51 pm

Not likely be able to sue, though you can report them to the state dept of labor. Blackmail is illegal and you would be in more trouble than they would. Why not just quit and get a job elsewhere that doesnt break the law?

by **mohammed47** » Thu Mar 31, 2011 9:55 pm

do what every American does in your position
slash her ties at night and work somewhere

by **jerrick** » Thu Mar 31, 2011 9:57 pm

Yes, Blackmail is illegal. Thought I'd get that out of the way from the top.

You may or may not be able to sue, that will depend on your state, your locality, and the exact particulars, and whether or not a lawyer will file the case.

You can pretty much bet you'll lose your job if you do sue. No employer would want to keep a person around who is suing, it is just bad policy.

Now, You can likely get that manager canned without a lot of problem and maybe without losing your job. Just send your problem up the ladder. And if you can get witnesses, it will help your case.

by **jaren12** » Thu Mar 31, 2011 10:05 pm

BEFORE you quit:

1) Collect whatever evidence you can regarding the hours and the wages. Copies of time cards, paycheck stubs etc..
2) Talk to the other girl and ask if she wants to get involved in your issue (might cost her the job)
3) Make a good estimate of the times you worked long hours and the total pay you received for doing so.
then

a) Contact your State Labor Commissioner (they may have a different name for it in Louisiana) and file a complaint for the wages, the working conditions and the harrassment. The commission will investigate your complaint for you at no charge and can bring fines and a lawsuit against both the company and the franchise.

b) After the COmmissioner makes a finding you can take the matter to Small Claims court (or municipal court via a lawyer) and hopefully use the commissioner's report as pretty solid evidence.

meantime, if the other girl joins you she should start keeping a diary about her hours, her pay check,and the boss's actions so you can both use it.

good luck

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