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California labor laws being violated?

Discuss Labor Laws

California labor laws being violated?

Postby francisco » Sun Jul 08, 2012 12:31 pm

My job is doing so many things that just seem plain wrong.
First of all, I have on several occasions worked two weeks or more without a single day off. In the last month and a half I've had MAYBE 3 days off.
We've been required to stay from 4am- 8pm and even 9pm and required to be back at 4 am the next day.
On many occasions we've been denied breaks.
Almost everyday the last 15 minutes of our shift is a break. For example, if we're supposed to be off by 2 then we'll get our break at 1:45 then clock out at 2. We usually get our lunch within the last 2 hours of our 8 hour shift.
This week they told us we would get Saturday and Sunday off, then on Friday they change their mind and we work Saturday. Then on Saturday they surprise us with working Sunday too. Which means another 14 days with no day off. We never ever know ahead of time if we'll get days off because even when they say we will, we don't end up getting them.
People are tired and slow and even having accidents but they don't care, they keep working us. And anyone who complains, even about something legitimate (like hours being subtracted for a second lunch they weren't allowed to take) they get fired. There has to be some laws being violated here. So, where can I complain? Can I do so anonymously? because I will guaranteed be fired if they find out no matter what the law says.

Thanks in advance.
francisco
 
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California labor laws being violated?

Postby motega » Sun Jul 08, 2012 12:32 pm

Yes, several of the things you list are illegal in CA, and yes, you can complain anonymously to the EDD.

Richard
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California labor laws being violated?

Postby jaren12 » Sun Jul 08, 2012 12:45 pm

It sounds like violations of break and overtime laws. Yes, you can report them anonymously to the CA Industrial Relations Board Division of Labor Standards Enforcement:
http://www.dir.ca.gov/dlse/

There are no federal laws that address breaks. CA state law:

In California, the Industrial Welfare Commission Wage Orders require that employers must authorize and permit nonexempt employees to take a rest period that must, insofar as practicable, be taken in the middle of each work period. The rest period is based on the total hours worked daily and must be at the minimum rate of a net ten consecutive minutes for each four hour work period, or major fraction thereof.

In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than:

One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
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California labor laws being violated?

Postby emmanuil54 » Sun Jul 08, 2012 12:48 pm

if you don't like it, quit
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