DanSmitty
01-15-2008, 05:26 PM
I have been working for a valet company where the employer does not pay overtime, he says valets are exempt. He does not give employees breaks, I have worked 7-8 hour shifts everyday for the past month with not one break during the work period. This employer also does not pay some employees wages at accounts where the tips are very large. He also purposely under reports everyones tips on their pay checks. Where would i go to turn this guy in? Would i need to file a lawsuit, or a simple form with say the labor department or somewhere like that. Is there anyway to receive a reward as a whistleblower for this company. Any information will be greatly appreciated. Thanks
I am drawing a blank on why a valet would legally be considered Exempt. There are a lot of strange overtime exceptions, but I do not remember that one. Maybe someone else does. I have no idea about whistleblower laws (if any) but you can file wage claims with CA-DLSE and you might want to talk to them. They would also know if valets are considered exempt from overtime for some reason.
The following webpointer are to the CA break/meal rules.
http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm
http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm
Betty3
01-15-2008, 08:54 PM
DAW, I think they're non-exempt - what do you think! (unless there is some exception)
http://www.dol.gov/esa/media/press/whd/whdpressVB2.asp?pressdoc=sanfrancisco/2005587.xml
joe916
01-15-2008, 10:40 PM
It would appear that valets are nojn exempt and are covered by ORDER NO. 15-2001
Defenitions
(I) “Household Occupations” means all services related to the care of persons or maintenance of a private household or its
premises by an employee of a private householder. Said occupations shall include but not be limited to the following: butlers, chauffeurs,
companions, cooks, day workers, gardeners, graduate nurses, grooms, house cleaners, housekeepers, maids, practical
nurses, tutors, valets, and other similar occupations.
http://www.dir.ca.gov/IWC/IWCArticle15.pdf
You should file a claim with the DLSE. (O T , breaks, meals, ETC)
http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
Pattymd
01-16-2008, 04:31 AM
Assuming we are talking about a "valet" in the terms of "butler" or "personal assistant". I know there are other definitions and since "tips" and "customers" are mentioned, I would lik the OP to tell us exactly what he does and for whom he does it.
JEB Pickett
01-16-2008, 10:32 AM
Parking lot or "party" valets would not meet any exemption criteria. As suggested by "joe916," if you wish to seek your individual wages for overtime, meal and rest breaks, you could file a claim with the DLSE. (DLSE Local Offices: http://tinyurl.com/22t2hv)
Unfortunately, that will not likely put an end to your employer's illegal pay practices, unless the LWDA/DLSE decide to launch an investigation of your employer.
Alternatively, you could also consult with a lawyer about a potential class action on behalf of all employees in your position employed within the last four years.
Pattymd
01-16-2008, 11:48 AM
We are making assumptions here. For clarity's sake, it might be better if we waited for the OP to let us know exactly what type of "valet" he is.