Mizzy
10-27-2008, 02:12 PM
I work as a server here in California. I already have some issues I will be taking to the labor board such as not getting paid for mandatory meetings, employees not getting paid overtime, management altering break times (going into the computer and taking off 30 min. even if we didn't get to take that break), and some others. Another issue I have is the special treatment of the general manager's daughter, such as better shifts and getting out of doing certain sidework, who also works at the resaurant. My question is, is it even legal for the manager's daughter to be working with her?
CaliforniaLaborLaw
10-27-2008, 02:46 PM
One question, how many employees are similarly situated that work for this company in California? Bringing all of these issues to the labor board may be a disappointing experience. First they handle claims on average that are valued at less than $6000. Second, they will not pursue the 4th year of overtime, third they will not pursue any individual defendants, they will not pursue. On the other hand, a private lawyer can pursue all of these other issues. Furthermore, if you win, the employer may appeal your case and have you start over in Superior Court (trial de novo). The problem here is that if you lose the appeal in Superior Court you will be required to pay your employers legal fees and costs.
All of this will not happen if you pursue the case through a private attorney instead of the labor board.
Mizzy
10-27-2008, 02:59 PM
As far as the mandatory meetings, we have had the meetings once a month for the last four years and none of the employees have been paid for any. And for the overtime, it does not apply to me personaly, but I know of at least 3 employees who are not getting paid for their overtime.
CaliforniaLaborLaw
10-27-2008, 03:03 PM
how many are not paid for mandatory meetings? how long do these meetings last?
Mizzy
10-27-2008, 03:40 PM
There are approx. 20 employees, and the meetings usually last between an hour to an hour and a half.
Pattymd
10-28-2008, 03:56 AM
It is not illegal for family members to work there, nor for such family members to get favorable treatment. It may not be fair, but it is not a violation of any law.
Mizzy
10-31-2008, 10:58 PM
Thank you for actually answering my original question!
CaliforniaLaborLaw
11-01-2008, 12:25 PM
I am happy you received the answers you needed.