Announcement

Collapse
No announcement yet.

Overworked hourly employee- do I get benefits? California

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Overworked hourly employee- do I get benefits? California

    I am in Southern California and I am a City employee. I have been a part time, hourly employee that was hired to work about 19 hours/week (or, 1,000 hours/year). I had been working more than the maximum hours for about 5 years when my employer (the City) told my manager he had to stop scheduling his employees over the legal amount.

    The people in payroll, my manager's manager and HR had to have known about our extra hours for the past 5 years, and I have heard more than one manager say that if we work beyond our maximum, then the City would need to pay us benefits as they would any other 20+ hour, sanctioned employee.

    Nothing has ever been offered us, so my question is: Is the City legally responsible for paying us the benefits and retirement for the past 5 years?

    Any help would be appreciated.
    Thank you.

  • #2
    I don't know what "legal" amount is being referenced unless it's either City policy or a union contract issue.

    If union, have you spoken with your union rep? If not, have you spoken with anyone in HR?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      legal

      Originally posted by needingadvice View Post
      I am in Southern California and I am a City employee. I have been a part time, hourly employee that was hired to work about 19 hours/week (or, 1,000 hours/year). I had been working more than the maximum hours for about 5 years when my employer (the City) told my manager he had to stop scheduling his employees over the legal amount.

      The people in payroll, my manager's manager and HR had to have known about our extra hours for the past 5 years, and I have heard more than one manager say that if we work beyond our maximum, then the City would need to pay us benefits as they would any other 20+ hour, sanctioned employee.

      Nothing has ever been offered us, so my question is: Is the City legally responsible for paying us the benefits and retirement for the past 5 years?

      Any help would be appreciated.
      Thank you.
      If I was you I would talk to a real Lawyer, one that you can see in front of you, some do have free consultation.....best of luck

      Comment


      • #4
        Well, by "legal" I mean that I was hired as a part time hourly employee who, by the contract I signed, can only work 1,000 hours per year.
        To work any more hours beyond that amount would mean that a person has become a part time employee who a) works another 10 hours/week and b) is given modified benefits (vacation, sick leave, paid holidays.)
        After this modified part time status, the next level up is full time which is 40 hours/week and a gets a little bit more benefits.

        I have heard this from other employers as well as managers in my current job that if a person consistently works the number of hours that a modified part time employee or full time employee would work, they would have to be given the benefits as well.

        The HR manager, I feel, is a bit.... hostile. At the very least, the person lacks a certain openness that I would expect a HR manager to have.

        I am not sure how to find a lawyer who would be suitable. Is there any criteria that I should look for or questions to ask?

        Comment


        • #5
          Originally posted by Pattymd View Post
          I don't know what "legal" amount is being referenced unless it's either City policy or a union contract issue.

          If union, have you spoken with your union rep? If not, have you spoken with anyone in HR?
          Your response to Patty really did not answer the question.

          If there is a union contract, refer to the contract.

          If not, refer to the policy manual.

          I suspect, based upon what you have stated, that the policy manual allows the benefits, but I don't know if you would be able to show in court that the company should pay you retroactive benefits.

          See a lawyer.
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

          Comment


          • #6
            You know, sometimes I wonder why I bother.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              To address seeing a union rep or HR: We do not have a union.

              I feel that my HR person has been purposefully unclear with information to various managers. I have talked to her about this issue, although in a somewhat limited capacity, and I don't want to go back there again. I would prefer to have someone represent myself and my coworkers.

              I guess that my question was a two-parter and just didn't make myself clear. First, I really wanted to know if it would be worth my time (and possibly) money to speak to a lawyer. Which everyone here seems to think it is.

              Second, when speaking to a lawyer, other than the obvious question of do I have a leg to stand on, are there any follow up questions that I should ask, or anything else for that matter, that I should do?

              I'm sorry if I hadn't made myself clear, or I didn't answer the follow up question correctly.

              Comment

              Working...
              X