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  • Wages Changed suddenly, No Warning California

    Hello,

    I work in home health care in the wavier program of IHSS. While my client is my father and he is referred to as "employer", he does not pay my wages. my pay comes from the state. I have a few questions. My first is can someone else be filling out my time cards? I ask this because as of my last pay period he has someone else filling my time cards out. the other thing is that as of now 2 pay periods he has suddenly changed my hours with no warning to me what so ever. as of now I am missing 800.00 from my pay. I work 12 hours a day and am on call when i am not there and am paid for it as well. The only thing he has said is that when i took 3 days off for personal reasons he claims I did not call or communicate, in which I did. Now he says i have to "prove myself" in order to get my pay returned to normal. My pay was set a long time ago. Since he has done this I am unable to pay bills. Everything was absouletly fine with my job untill i made a decision in my personal life that he did not approve of. (my personal life has nothing to with my job, but apparently he thinks so) I dont know my rights and dont know what to do. I tried to call the labor comissioner but as soon as I told them I am paid by the state they said they couldnt help me, I hope that this site can help me or at least point in the right direction. Thank you in advance

  • #2
    Has your pay RATE been decreased or have you just not been paid for some hours?

    If the former, that is illegal; California law requires that you be notified of a rate decrease before you work the hours at the lower rate. I'm not at all sure that all California labor laws do not apply to state employees, but it wouldn't surprise me. If the DLSE can't help you, your only other option would be a small claims action or a claim with the federal Dept. of Labor; the state cannot make itself exempt from federal requirements.

    Whether you must legally be paid for your "on call" time, we don't have enough information to form an opinion.

    There is no law which requires the employee to fill out his own time card. The responsibility for time records is ultimately the employer's and he can assign anyone to that task he wants to.
    Last edited by Pattymd; 10-04-2010, 08:36 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Can you call the program director to get copies of your time sheets they used to pay you for the last 2 pay periods? How does your father (or someone else) complete them for you? Are they online, faxed in, or what?

      It sounds like the hours are not being recorded correctly. Do you have notes of the right hours for those pay periods?

      Do you have copies of the time sheets you completed to compare to your paycheck? Did the hours change, or the rate?

      The 3 personal days - were you working any hours at all during that time? Unless this state program pays for PTO, you might not get paid for them.

      Comment


      • #4
        no the rate was not decreased, I was stripped of my hours in retaliation for him believing i did not call in when i took a few days off, when I did, as well as the personal descision i made in my personal life. I also forgot to mention that he tried to make me sign a blank timesheet. he gave me no warning of the change he just did it. and said "until I prove myself" . the time cards were handwritten in by someone else. I am not talking about getting paid for the personal days i took off. I am referring to the pay I receive for being on call. yes my hours changed. my hours went from 170 hours to 132 hours. which equals almost 400.00 out of each check ( im paid twice weekly ) big difference . unfrotunately I do not have notes of my hours as this has never been a problem in 10 years. I have full record of my pay and what it was.

        please know that me being paid for being on call was set up at the time I took the job. My hours were set at the time I took my job.

        I hope I have answered all your questions.

        Comment


        • #5
          If you are not being paid for actual hours worked, file a wage claim with CA-DLSE.

          On call is complicated. Federal and state on call rules are VERY pro-employer. Being "on call" per se does not make one under law eligible for on call pay. Under the on call rules, all time is either "worked" or not. Under the on call rules and sixty plus years of related court and administrative use a "sufficiently restricted" standard to determine if the hour rises to the level of "worked" or not. I cannot tell based on what you have said if this is true or not for you.

          Timesheet issues are legally nothing. You are paid for actual hours worked or you are not. Nothing else matters. Keep your own records at home. There is a huge amount of court and administrative history of employers fudging time accounting records, and there will be NOTHING your employer tries that has not been tried by someone else. Timesheets are 100% the employer's problem. You have no "right" to complete your own timesheet. I understand that this is not the answer that you want to hear.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            ok so your saying my employer can retalitate against me by taking hours away from me based on the fact he believes i did not communicate when i took days of work? and based off the fact he did not like my decisions in my personal life either? HOW???? He took hours away from me in retaliation!!! and says i can't have my hours back till i " Prove myself " ????
            Last edited by GoingNutz; 10-04-2010, 11:37 AM.

            Comment


            • #7
              You are mistakenly assuming that all "retaliation" is illegal. It is not.

              If by "taking hours away" you mean that you are working hours and he is not paying you for them, that is illegal and you can file a complaint with the state DOL just as DAW has explained.

              If by "taking hours away" you mean, scheduling you for fewer hours, that is 100% legal EVEN IF it is in "retaliation" for not communicating with him and EVEN IF he is mistaken in saying that you did not communicate with him.
              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.

              Comment


              • #8
                The OP stated that she contacted the "labor board" (I'm assuming by that, she meant the Division of Labor Standards Enforcement) and that they "could not help her" (again, assuming she meant with unpaid wages for time already worked) because she was a state employee. That may be true. If it is, I provided another option in my earlier response.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment


                • #9
                  re: timesheet - my only suggestion is to talk to the people who receive your timesheets from your father, and let them know that they are being incorrectly completed by your father. I would stress that you want them to be sure they are paying you for all of your hours worked, and the past 2 time sheets were not done correctly. As far as the employer is concerned, they paid you from the time sheets so they're going to say they did nothing wrong. You need to stress that going forward, your time sheets need to show the correct hours, and work with them on a solution that doesn't involve your dad writing down and submitting the wrong hours. Those kind of actions can get everyone in hot water.

                  Like DAW said, keep a record for yourself of all of your hours/days worked. Make copies of your timesheets or write it down in your own notebook.

                  Comment


                  • #10
                    let me repeat. I work in home health care. it is through the IHSS WPCS program here in california. My work is shift work. and when i am not actually at work i am "on call" and i am paid to be "on call". as my father requires 24-hour care. All though my client is my father, he is considered to be the "Employer" but he is not in charge of my wages or my check. My check comes from the state of california. up until approx. sept. 11, 2010 everything with my job was perfect. when in my personal life i made a decision in my personal life that he wasnt happy with, everything changed. I am accused of not calling in when i took 3 days for personal reasons, which is not true. I did in fact communicate. my on call weekend hours is what was taken from me. He has done all of this because of what I stated above. i hope this is clearer. im sorry for any confusion. im stressed, i cant pay my rent, car payment, etc. due to the fact that since my employer has taken these measures it takes 400.00 out of each check. which adds up to 800.00 a month.

                    Comment


                    • #11
                      Hun i dont even see the time sheets anymore to even get access to them so I can make a copy of them this is why im so frusterated.

                      Originally posted by J.J. Brown View Post
                      re: timesheet - my only suggestion is to talk to the people who receive your timesheets from your father, and let them know that they are being incorrectly completed by your father. I would stress that you want them to be sure they are paying you for all of your hours worked, and the past 2 time sheets were not done correctly. As far as the employer is concerned, they paid you from the time sheets so they're going to say they did nothing wrong. You need to stress that going forward, your time sheets need to show the correct hours, and work with them on a solution that doesn't involve your dad writing down and submitting the wrong hours. Those kind of actions can get everyone in hot water.

                      Like DAW said, keep a record for yourself of all of your hours/days worked. Make copies of your timesheets or write it down in your own notebook.

                      Comment


                      • #12
                        Okay, I'm still confused.

                        Which of these four statements is correct?

                        During the hours that you say were stripped from you:

                        1.) You were actively at work

                        2.) You were not actively at work, but you were on call

                        3.) You were neither working nor on call; these are hours that you would normally have been scheduled to work, and you were not scheduled for them

                        4.) You were neither working nor on call; these are hours that you would normally have been scheduled to be on call, and you were not scheduled for them.
                        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.

                        Comment


                        • #13
                          JJ I have a complete record off all my paychecks and the amount they have been up till this time, you can very well see my check was very steady. I do not have copies of my time cards but if I can get ahold of the right number i think i can get copies.


                          Originally posted by J.J. Brown View Post
                          Can you call the program director to get copies of your time sheets they used to pay you for the last 2 pay periods? How does your father (or someone else) complete them for you? Are they online, faxed in, or what?

                          It sounds like the hours are not being recorded correctly. Do you have notes of the right hours for those pay periods?

                          Do you have copies of the time sheets you completed to compare to your paycheck? Did the hours change, or the rate?

                          The 3 personal days - were you working any hours at all during that time? Unless this state program pays for PTO, you might not get paid for them.

                          Comment


                          • #14
                            where are you getting any of those????? you just lost me

                            QUOTE=cbg;1147355]Okay, I'm still confused.

                            Which of these four statements is correct?

                            During the hours that you say were stripped from you:

                            1.) You were actively at work

                            2.) You were not actively at work, but you were on call

                            3.) You were neither working nor on call; these are hours that you would normally have been scheduled to work, and you were not scheduled for them

                            4.) You were neither working nor on call; these are hours that you would normally have been scheduled to be on call, and you were not scheduled for them.[/QUOTE]

                            Comment


                            • #15
                              Let me try.

                              Did you work hours for which you have not been paid? If so, did those hours include "on-call" time?
                              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                              Comment

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