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California: Split Shifts + + Drug Testing + More

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  • California: Split Shifts + + Drug Testing + More

    Have a few questions if anyone knows the answer, or if they can point me in the right direction for any of them it will help me with my research a whole lot!

    So I'm wondering...

    Restroom Facilities

    We are working from 5am-8pm and we don't have a restroom. In the past we've had a contract with a local business to use their facilities. That contract doesn't exist anymore. They won't let us in earlier than 9am when they open. So from 5am-9am we do not have a restroom available to us. Unless of course, we want to go into the bar that sometimes opens at 6am and sometimes doesn't. A bar where people have been shot, killed, raped, you name it.

    When discussing the issue with our boss we were told that because the bar is the only available restroom, no one under 21 will get morning shifts anymore. And on top of that she said that because the only other option for a restroom is across the street, (and FILTHY NASTY) she will only schedule people who own a vehicle for morning shifts.

    Is that legal or does she have to find a business to contract with for the use of a restroom? I am well over 21 but there is no way in Hell I am ever walking into that bar. I don't feel safe.

    Working Two Locations in 2 different cities

    We have two stores in two different cities. They're now forcing everyone to rotate between the two stores and will not allow shift changes between stores even if it's because some people have no ride there. Some people don't have cars and now have to spend extra money and travel time to try to get to the other locations. Is that legal in any way?

    Split Shifts

    What's the law in CA regarding split shifts? Is there extra compensation required? How do breaks work if the last part of the split shift is just 2 hours?

    Sick Policies

    Regardless of company policy, are there any state or federal policies regarding illness? All I know is that in food service we can't have anyone working with any discharge, or if they're throwing up, but someone I worked with was just forced to quit or be fired because they were throwing up and could not come in. Legally he wasn't supposed to be there.


    Drug Testing

    My employer recently threatened to start randomly drug testing people because he found out some employees were going to a rave. Company policy says nothing about random drug testing. Can an employer just start drug testing without a written policy?

    Weird Policies?

    Can an employer tell us that our ride home can't park in the parking lot and wait for us to get off shift? If the company we work for only owns 4 of the parking spaces in a strip mall, what if our ride home parks in a parking space that doesn't belong to the company we work for?

    Also they say in the employee manual that they have the right to search our person, our bags, purses, and our car without any reason anytime - if we object, we are terminated... is there any legality to that or do they have to have at least probable cause?

  • #2
    It sounds like there are restroom facilities but they are shared which is allowed. The fact that you don't like them or that less than savory individuals are there doesn't change that. It isn't illegal to not schedule those under 21 on morning shifts.

    Yes it is legal to assign you to a different location or rotate employees between locations.

    Sick leave isn't required by state or federal law. In very limited circumstances an employee must be granted unpaid leave for a serious health condition but from what you describe of your workplace, this wouldn't apply. Nor would it apply to your run of the mill illnesses like a stomach bug. If you are in San Fransisco, sick leave is required but not elsewhere.

    Yes they can start a drug testing policy. They can also fire you if they suspect you are under the influence at work, no testing needed.

    Yes, they can make rules about who may park where and for what purpose. Makes sense not to allow friends and family of employees to take up a space reserved and paid for for customer use.

    Yes your employer may search your property. Especially if they tell you up front.

    I have to ask, with so many issues with your employer, why do you work there? go by pretty much any other similar establishment and complete an application. Surely with turn over what it is, someone is hiring.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

    Comment


    • #3
      Hmm I'm not sure you understand my post.

      The restrooms though - we don't have a restroom from 5am-9am, the bar doesn't open until 10am and we don't have an agreement with them. They don't let everyone use the restroom, only certain people can. We used to have an agreement with another business per company policy but the new owners ignore company policy and say oh well, we don't want to continue to pay them for their restroom services.

      I'm not talking about sick leave, I'm talking about how we cannot allow employees to work if they have any discharge from their eyes, nose mouth etc. by law - but my direct boss disregards this and forces people to work when they aren't legally allowed to work per the health department... it's not that we expect sick leave. No, we work in food service and per health dept. are not allowed to work if we are sick like that with any discharge... not sure what to do because they keep forcing people to quit when they are really sick. They work people with sicknesses that are against the law to work with. Like strep throat.

      Regarding the parking lot - we don't have customer parking at all. It's strictly drive through, no customer parks there at all, only employees. We have 6 spaces on one side and 4 spaces on the other side and only 2 people on shift at any given moment. So we have 10 spaces out of 200+ spaces in the entire mall parkinglot. I can understand it if it's for the purposes of keeping the spaces open for customers - but it's not. They don't want people hanging out at the store, and extend that policy to people picking us up even if it's someone's mom or brother or whatever it is. Even if they're parked in community public parking, if they're anywhere in the parkinglot the person on shift gets written up.

      I really don't see how they can tell us our ride home can't park in the parking lot at all - even in spaces that are not our property and are the community parking for all other stores... how is that legal? Can you provide a reference?

      I'm not sure I believe you about the property searches no offense. I don't think they can search without probable cause. That would be a direct violation of the fourth amendment... there would have to be a reason.

      I don't want to leave out of convenience. No commute to work. Okay, maybe 10 seconds. No money out for gas, know the job inside and out can do it in my sleep and the money is too good not to leave. I just want to bring up some of the more important issues with my boss so he starts paying us properly. If after that he still doesn't get on board then yeah, I'm going to leave.

      Comment


      • #4
        I might also add that the bar restrooms are always less than adequate per health regulations and don't meet the standards required by law and not having an agreement with a local business for use of their restroom facilities directly violates corporate policy of this company. It's the new owners who just don't care about that and try to find a way out of everything.

        I don't see how it's legal for them to force us to use the restroom inside of a bar with a bunch of drunken violent people who are always on drugs, anyway.

        Comment


        • #5
          Hmm also my availability when hired that they accepted was only for one location when I was hired. Same with some other people. They ask where you can work and we say either one location or both. We've got people working contrary to their approved availability.

          I'm thankful for people's opinions but if anyone can cite actual statutes or cases or law that would be even more helpful. Everyone has an opinion I'm sure, just earlier today my co worker ranted about how she thinks state law mandates time and a half pay for all holidays but that's not true... so I just don't believe what I hear unless there is something to back it up.

          Thanks.

          Comment


          • #6
            Hm maybe I wasn't clear on the drug testing policy question either. Of course they can start a drug testing policy. But I asked if they had to put it in writing and have us sign something stating that we acknowledge and accept it. That was what I had to do at another job - everyone had to sign the paper stating they acknowledged the new policy and if they didn't accept it, they were terminated basically. Every memo with a change in policy that I made or other management made had to come with their signature to acknowledge it is becoming policy.

            I don't think it's legal for them to just come up to one of us randomly and say, "go here within 24 hours and submit to a drug test" - without actually adding that to their policies and procedures and informing us of the new change in policy. I just want to know what they have to do in order to start that kind of policy. Inform us about the change, perhaps? Everything I've read on the subject says they must have it in writing that random drug testing is part of their policies.

            Of course you can fire anyone for being suspected of being on drugs. You can fire someone for having a big nose. Or no reason at all. That's not the issue.

            Comment


            • #7
              Your problem is that you seemto think there are actual laws that say an employer can not do these things or must do certain other things. That is not the case. There is no law that either grants or denies your employer the right to dictate who pay park in the lot. As there is no law regarding this, it isn't illegal for them to make such a rule. Silly yes, illegal, no. If they want to write up any employee who is picked up in a red car they may because there is no law that says that they can not do so.

              If some other business' restrooms are in violation of some code or other, then that is a matter between them and the health department. If you are located at a mall, I find it hard to believe there aren't mall restrooms you can use. No mall is going to require the visiting public to hold it while shopping. Your employer doesn't have to have them inside their premises. If your employer is violating some health code or other, then you can report it to the appropriate authorities. That is all you can do. You can try taking it to the corporate office and see if that makes a difference or just report it.

              It doesn't matter what location you were originally hired to work at, you can be transferred to the other. Again, no law prohibits this so it is legal by default.

              It sounds more like it is time to move on if so much about this employer bothers you and is unsatisfactory.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

              Comment


              • #8
                Thats why I'm looking for cases and other things to help me with my research

                Just because these issues are being presented on this board doesn't mean I am personally affected by them nor does it mean I don't work for awesome people. I'm trying to find out what's going on because this company has two sets of policies and they contradict each other.

                I STILL don't see how anyone can tell people where they can and can't park when they don't own the parking lot or the spaces they are parking in, and the other businesses don't give a hoot who parks where. Your example of them being able to write someone up for being picked up in a red car because there is no law against it is EXACTLY my point - and the kind of rules they make, that are arbitrary and could be fought - and will be fought when this junk comes out and people take them to court.

                I respect the fact that you halfway know what you're talking about but you don't completely because... you said... "If some other business' restrooms are in violation of some code or other, then that is a matter between them and the health department."

                And you're wrong. If we share those restrooms with them via contract, it's as much our responsibility as it is theirs. I just spent 3 years working for a company with shared restroom facilities and had to deal directly with the health inspector for that because they didn't have self closing doors and they pegged BOTH of us. They explained it to me and while it may be "their" responsibility - if we have a contract with them, we are just as responsible.

                I'm sorry but I disagree completely with your location transfer thing. Anytime I had to transfer locations I had to agree in writing at all of my past jobs and they are not allowed to schedule you against your availability. If my availability that they accept is for only one location they cannot require that I move to another city's location if it violates my availability that they have already accepted.

                Sorry but I've been through similar situations, and in court, with this kind of scenario with one past job with almost identical issues... and well, let's just say as the manager I had to make **** sure to get everyone's availability in writing periodically and make sure that the restrooms were up to code personally otherwise we got dinged when the inspections came.

                I'm not looking for someone to give their opinion, as I said - because your opinion is actually wrong. I'm looking for cases and other similar things.

                Comment


                • #9
                  You said there was no contract any longer with the restrooms. What might have been a factor when there was a bonafide contract, which I couldn't possibly have read, is separate from a situation where you are just a patron or using the facilities without any sort of agreement. If there is a contract, then obviously the terms of that contract are going to spell out things like liabiilty and such.

                  If you are so sure you are right, contact a lawyer. Let them tell you whether or not you can be fired because your friend who picks you up waits in the parking lot. To sue someone has to have violated some law. Find a law that says you can not be fired because your friends parks in the lot and then you have a case. You can't sue because your employer has stupid rules. The courts aren't there to play referee and make sure the rules are fair or that you agree with them. The employer makes the rules. Google Employment at will and you will find a wealth of information on this.

                  Your other jobs may have had to sign something before transferring you but no law requires this. Again, see employment at will.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                  Comment


                  • #10
                    I understand what you're saying but I'm looking for cases or information relating to the issues because I'm trying to get my employer to go get a contract with another business for a restroom as is demanded in corporate rules which they are not following.

                    Again, they have two sets of rules - corporate rules they must follow to stay in good standing with the corporation they franchise from, and their made up rules that violate corporate rules, which they can't do, or the corporation can take their name back from these people.

                    I'm personally completely unaffected by their refusal to follow corporate policy even where the restroom is concerned, I don't use public restrooms at all, ever.

                    Comment

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