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  • No breaks, take money away for mistakes, not paid for work.

    I am a receptionist at a nail salon in Southern CA. I work form 9-2:30 M-TH but I usually have to stay until 3 because the register is usually off and i have to re add everything. They dont pay me for the extra 30 min everyday which adds up to be 2 hours a week I am not getting paid for. I dont get any breaks at all, I am supposed to get at least a 15-30 min paid break, they yell at me if i leave the desk. Also, today I accidently charged a customers credit card as "credit" and not "debit" so they couldnt pull money out for a tip. The magaer said they are taking the $6 tip out of my pay chek. What rights do I have and what steps can i take to get my breaks, and paid for my 2 hours of work, and not have them take money out of my paycheck for a mistake I made.

  • #2
    Deductions from Tips

    Your employer's actions are clearly illegal. You can read about California's positions on the matters discussed at: http://www.dir.ca.gov/dlse/FAQ_TipsAndGratutities.htm (deductions)

    and

    http://www.dir.ca.gov/dlse/FAQ_MinimumWage.htm (requiring you to be paid for all hours worked)

    and

    http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm (breaks)

    Filing a claim is described at: http://www.dir.ca.gov/dlse/howtofilewageclaim.html
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      However, if others are getting a break at your work, and you are not,and you are the only female, or youngest, or oldest, or anything that another worker is not, that's discrimination and you have a lawsuit.

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      • #4
        They also MUST by federal law pay you for any time worked, working not on the clock is not allowed by workers compensation insurance as well. Therefore by law they must pay you for time worked.

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        • #5
          Under both California and Federal law, age discrimination begins at 40. So if she is not getting a break because she is the youngest, that's not illegal discrimination.

          It is ONLY illegal discrimination if she is not given a break because of her membership in a group protected by law.

          Under CA law, an employee is entitled to a 10 minute paid break for every four hours worked, and a 30 minute unpaid break if the entire shift is six hours or more.
          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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