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  • Hope for answer today Re: my employee records California California

    Hello, I am a new memeber...this forum is fantastic! I have a number of questions regarding my "voluntary quit for just cause" with extremely thorough documentation and several labor law violations comprising a DLSE claim. My immediate question: I particularly need a copy of my timeclock hours for 2007 up to my quit date on 4/24/08. Can I demand the copy this Fri a.m. when I have the appt.to review my personnel file? LC 226 (b) (c) states I may inspect and copy my records. Payroll tax laws also give me the right to copy my payroll records. However, I read elsewhere that I may copy only things I have signed...does that apply when LC 226 says I may copy records and does not mention exclusions?

    [I already have a copy of my 2006 hours. I was never paid an extra hour for the many days throughout my employ where I had less than a 30 min lunch break, and many of those will end up being OT hours as well per Michael Tracy's website. I demanded payment initially in 2006 and was told by my manager that my employer would likely fire me if I asked for those hours. Upon repeated requests over the past 2 yrs, my manager would simply shrug her shoulders, knowing that I already knew I would risk termination if I pursued the matter. When I resigned, I requested that my final check include all additional hours owed me for the lunches. My manager said O.K. but I cannot really trust that these will be computed accurately, if at all. The printout of the time period I need will take less than 5 min to print and I am willing to pay for the print cost.]

    Thanks in advance for any response! [I will later, and in a much more succinct manner, draw up my claims against this employer to get oppinions from the forum. I am pursuing a UI claim as well as the DLSE claim and it is quite possible that it would be to my advantage to hire a LL atty.I would like some oppinions on my best course of action.]

    Best regards,
    kali_girl
    Last edited by kali_girl; 05-02-2008, 04:05 PM.

  • #2
    http://www.dir.ca.gov/dlse/FAQ_Right...onnelFiles.htm

    Employers are required to permit current and former employees to inspect or copy payroll records pertaining to that current or former employee. Labor Code Section 226(b) Effective January 1, 2003, an employer who receives a written or oral request from a current or former employee to inspect or copy his or her payroll records shall comply with the request as soon as practicable, but no later than 21 calendar days from the date of the request. A failure by an employer to permit a current or former employee to inspect or copy his or her payroll records within the aforementioned 21 calendar day period entitles the current or former employee to recover a penalty from the employer in a civil action before a court of competent jurisdiction. Labor Code Section 226, subdivisions (c) and (f)
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Thanks DAW...

      This was what I understood...just wanted be positive. I really appreciate the quick response!...kg

      Comment


      • #4
        Originally posted by kali_girl View Post
        This was what I understood...just wanted be positive. I really appreciate the quick response!...kg
        There are many reasons to avoid the labor board and hire an attorney for a wage and hour claim (overtime claim). One major advantage is the labor board does not pursue the 4th year (17200 unfair competition) of your overtime (given you have a such a claim).

        I strongly suggest seeking legal advice.
        Walter

        www.California-Labor-Law-Attorney.com
        "Wage and Hour Class Action Attorneys"

        Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

        Comment


        • #5
          No 4th year...

          ...so nothing to pursue further in that regard. However, there are definitely penalties to pursue from both a state and DOL perspective. Breaks were also few and far between, which is par for the course in Dentistry. You are with patients; an appt may run past its scheduled time; you may also be over-booked and understaffed. These things are typical and there are few complaints in this field because we all got used to this "reality" from day one of our training/brainwashing. In my 30 yrs in Dentistry, we have all pretty much learned to accept it without complaint because that's "just the way it is." Dentists, Doctors...they are used to doing whatever they want in their practices and with their employees. There are really no outside controls or watchdogs other than OSHA. Consequently, if an employee starts to stir things up, they are simply replaced...and the new trend is toward demotion rather than termination. They can legally treat you like dog crap to try to force you out and if that--by itself--doesn't work they will start writing you up for the mistakes you will inevitably make from the stress of the abusive treatment! The point of course is to try and force a voluntary quit. A demotion to "sterilization asst" [read: "dishwasher"] is the coup de grace. Hours and pay are cut in half and if that doesn't work for you, you are welcome to leave. Obviously, the main game here is to not pay UI benefits...under any circumstances. [Excuse me while I vomit.] This kind of calculating sociopathic behavior disturbs me greatly, because these guys feel really smug about their "creative ingenuity." I managed to make my move one step ahead of my ex-employer....and I am committed to seeing these kinds of practices brought to an end! - kg

          Comment


          • #6
            Originally posted by kali_girl View Post
            ...so nothing to pursue further in that regard. However, there are definitely penalties to pursue from both a state and DOL perspective. Breaks were also few and far between, which is par for the course in Dentistry. You are with patients; an appt may run past its scheduled time; you may also be over-booked and understaffed. These things are typical and there are few complaints in this field because we all got used to this "reality" from day one of our training/brainwashing. In my 30 yrs in Dentistry, we have all pretty much learned to accept it without complaint because that's "just the way it is." Dentists, Doctors...they are used to doing whatever they want in their practices and with their employees. There are really no outside controls or watchdogs other than OSHA. Consequently, if an employee starts to stir things up, they are simply replaced...and the new trend is toward demotion rather than termination. They can legally treat you like dog crap to try to force you out and if that--by itself--doesn't work they will start writing you up for the mistakes you will inevitably make from the stress of the abusive treatment! The point of course is to try and force a voluntary quit. A demotion to "sterilization asst" [read: "dishwasher"] is the coup de grace. Hours and pay are cut in half and if that doesn't work for you, you are welcome to leave. Obviously, the main game here is to not pay UI benefits...under any circumstances. [Excuse me while I vomit.] This kind of calculating sociopathic behavior disturbs me greatly, because these guys feel really smug about their "creative ingenuity." I managed to make my move one step ahead of my ex-employer....and I am committed to seeing these kinds of practices brought to an end! - kg
            how many employees are affected?
            Walter

            www.Californialaborlaw.info
            "California Wage and Hour Class Action Attorneys"

            Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

            Comment


            • #7
              not many...

              ...there are two assistants for one DDS. So, if your question is to discover if a civil suit would be a possibility the answer is probably no.

              Total staff is eight. Labor law violations are rampant in this business because these guys have consistently gotten away with it. [The vast majority of violations could be eliminated by hiring one additional staff person...a part-time "rover."] Doctors and Dentists may scream that compliance is impractical in the health professions. Bull.The real culprit behind 99.9% of these cases is plain old greed.

              Comment


              • #8
                Originally posted by kali_girl View Post
                ...there are two assistants for one DDS. So, if your question is to discover if a civil suit would be a possibility the answer is probably no.

                Total staff is eight. Labor law violations are rampant in this business because these guys have consistently gotten away with it. [The vast majority of violations could be eliminated by hiring one additional staff person...a part-time "rover."] Doctors and Dentists may scream that compliance is impractical in the health professions. Bull.The real culprit behind 99.9% of these cases is plain old greed.
                Why are you stating there is no civil remedy?
                Walter

                www.California-Labor-Law-Attorney.com
                "Wage and Hour Class Action Attorneys"

                Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

                Comment


                • #9
                  Just an error in my wording. I was thinking in terms of class action and I wrote civil...

                  I picked up a check this morning from my ex-manager for almost $5k. This, I assume, is meant to cover the extra hour for each day I did not get at least a 30 min lunch during the 28 months I worked there; I say "assume" because that was what this check was supposed to be, per my request the day I resigned.

                  Here are my current issues:

                  First of all, the $5k was listed on the check stub as "vacation pay." Not so. I only had 5 days of vacation pay due me, so obviously they used the term rather than calling the $5k "Retro" pay, which would have been more accurate.

                  Secondly, it was all paid at the regular hourly rate, when in fact 85-90% of it would have ended up being OT. [That was the percentage for 2006; I had printed out a timeclock report for myself in Jan 07 in case I might need it.] So they may owe me another $2k...???...and these amounts are exclusive of any possible penalties...hmm...

                  Thirdly, there was no breakdown as to any actual dates which the final amount referenced. I also asked for a copy of my payroll records, persuant to Code 226. I got a long-winded answer about the time and effort it would require the payroll company to generate that report, and whether or not my employer would want to pay for it...blah-blah. I said, "It doesn't matter what it will cost him; it is my right to have my records and I will check and let you know when they are due." So, I want to know exactly how they arrived at the $5k figure, as well as the number of those hours which fall into OT retro pay. [TO BE FAIR: it is possible that they lumped reg and OT hrs together to come up with X-number of total hours and then listed the whole thing under "Vacation" hours. I am not a CPA so, although I am more than a little suspicious, resonable doubt prevails until I see all my payroll records and have an explanation as to how they computed the totals.]

                  Today, I talked to a former employee who is a friend. She is also owed money for lunches she worked through. She can only go back to Jan 06 since she quit 1.5 yrs ago [unless she files a civil suit...she worked for him for 14 yrs!] I told her that she should just call and ask for it; that since they complied with my request [at least partially] then they would probably be ameanable to a settlement to avoid LL claims or civil suits. She called and was told by the Mgr--and none to kindly--that they didn't owe her anything! I figure she may have signed some kind of release when she recived her final check, as there had been an initial dispute over fairly extensive vacation pay due her. As I understand it, such a signature is worthless when monies actually owed were still withheld. Since the Manager knows the CA labor laws well [used to preen that she had helped write them] then she is also culpable for doing zip-zero-nada to ever enforce them!!

                  Sooo, I may very well choose to litigate for penalties [DOL and CA] and whatever else might be appropriate. And my friend might also file a civil suit and go back the full 4 years for what is owed her. At the moment, I am curious as to whether I might even be owed for extra penalties as they still did not give me the full amont owed, due to OT. I am not on a personal vendetta here and want to be very careful how I deal with this. What does concern me, is this guy has knowingly "cheated" numerous employees with NO consequences! There are additional legal/moral issues involved regarding patient treatment, which also figured strongly in why I resigned. I do not feel comfortable discussing those things on the forum. I plan on calling Michael Tracy's firm next week and having a consultation..........kg
                  Last edited by kali_girl; 05-02-2008, 05:56 PM. Reason: clarification

                  Comment


                  • #10
                    Oh, one more thing...[RE: OT CARRIED OVER INTO NEXT PAY PERIOD]

                    Hours comptuted at the end of each 2 week pay period always had a couple of days with "estimated hours." This was due to the Mgr having to call hours in a day or two early in order for checks to be delivered/deposited on the 1st and 15th. A base day was calculated at 8.5 hrs, though I generally worked a 4/10 week. Retro pay carried over to the next immediate pay period included an extra 1.5 hrs/day for the estimated days + any OT. Here's the rub...it appeared to me on many occasions, that when my OT hours got carried over to the next period, a number of them ended up being listed as "reto" hours at the regular rate!

                    The conditions under which this occured, seemed to be as follows:
                    It looked like I was losing some of my hard earned OT hours, if, in that 2nd pay period, say I only had 38 hrs for that week. If I'd had 4 hrs OT carried over, it appeared that I was getting only 2 hrs OT with the other 2 added to the 38 to make 40 regular hours! This always confused me and I never got a satisfactory answer as to how it was calculated. There were times where I worked 45-50 hrs in a week, yet my check might only show 2-3 OT hrs...and the next week the amt of OT hours did NOT make up the difference. I can see that if the last day or two of each pay period was at the 8.5 hr estimate, then it would be difficult for any employee to be able to tell exactly what was going on as it was always an irregular number of hrs from one week to the next.

                    Hey, maybe it was all on the up-and-up but, I am not so trusting at this point. But one more red flag on this: quite a number of check stubs show
                    say 49 regular hours and maybe just .98 OT hours for a given pay period!
                    How can it even show 49 regular hours, when anything over 40 hrs is OT?!!
                    I asked about this also...was told by the Mgr that she moved stuff around to keep the boss from getting upset about my actual number of OT hrs. She would say, "Don't worry, I'm making it all work out; I'm just trying to keep you from getting into trouble." I don't get it. I guess I was being way too trusting....which would make sense as I probably worked 4-6 hrs off the clock--most weeks--for the first 18 mos I was there. And this was with my Mgr's full knowledge. Since we were under-staffed, there were not enough hrs to finish everything that needed to be done. I did complain that I should be paid for ALL the hrs I worked....but I put up with it for one reason alone: my boss had NO problem humiliating me in front of patients the next day by demanding to know why everything hadn't gotten completed. I was trying to maintain at least some dignity. [I am a strong assertive woman. I have never in my life let anyone treat me the way I was treated at this job. And it will never happen again!]

                    From now on I will keep my posts shorter. I know there are others who have suffered through trials like this, and I hope that--particularly--some of my sisters in the dental field who go through this stuff everyday will also begin to stand up and say, "NO MORE!!!".......kg

                    Comment


                    • #11
                      I certainly hope your future posts will be shorter, because for one, I'm not reading through two huge novels. Was there even a question in there?
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                      Comment


                      • #12
                        Originally posted by Pattymd View Post
                        I certainly hope your future posts will be shorter, because for one, I'm not reading through two huge novels. Was there even a question in there?
                        haha..ditto
                        Walter

                        www.California-Labor-Law-Attorney.com
                        "Wage and Hour Class Action Attorneys"

                        Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

                        Comment


                        • #13
                          Mea culpa, mea culpa !!



                          Oops!...I really apologize for the length of these posts! I stayed in an abusive work situation for WAY too long and I admit this forum is not the place for cathartic writing. I will refine this mess down to specific questions.

                          I would like to close this thread on that note, and start anew later.

                          Comment


                          • #14
                            No problem. I do not mind posters writing long texts, even tracts that rant and use funny punctuation, but that is because I also do not actually read them. I would suggest that posters who are looking for actual answers have a better chance if they keep the length down and minimize the narrative not directly related to the question. Maybe even ask actual questions with a "?" and everything. I have seen posts that I have read where I am pretty sure that the poster had an actual question but they forgot to include it with the list of grievences.
                            "Reality is that which, when you stop believing in it, doesn't go away".
                            Philip K. **** (1928-1982)

                            Comment


                            • #15
                              Closed at the request of the poster
                              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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