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Position and responsibilty hopping California California

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  • Position and responsibilty hopping California California

    Were I work, several employees had been put on part time basis, and the excuse was based on an ongoing case my employer had which has been settled.
    Still these employees have not been put back at full time status. We were told because of the case, we didn't have enough money. However my employer hired 3 new employees. Whom by the way have made work more chaotic. Anyway what I wanted to ask was one of the employees that was put on part time has had to shift positions and responsibilities on a daily basis. My question is if she is doing another persons job for an amount of time each day, should she be paid that persons wage for the amount of time she is doing so?

    Also the remaining "full time employees" are not allowed overtime, but our job does not allow us to just clock out and leave at a specific time because of our offices' specialty. We cannot leave until all patients are treated. Our employer frowns about it and reminds us that her account said no overtime. We are being responsible and not walking out, but still defying her no overtime rule. Could that be cause for termination?

    Last issue:
    The part time employees have accumulated vacation prior to their part time status. Are these employees still entitled to that benefit, may it be payroll or time off?

  • #2
    All employees doing the same job do not have to be paid the same rate of pay, unless the sole reason for doing so is based on a protected characteristic such as race, age, gender, religion, etc. It is not unusual to maintain the same rate of pay for all tasks performed, even if they are not the employee's "regular" duties.

    You're involved directly in patient care? Your licensing agency may address this and, as a matter of public policy, you may have a case for wrongful termination if you are fired for refusing to leave patients.

    However, you must be paid for all time worked, including overtime if legally required, regardless of the "policy" (I'm assuming you are a nonexempt employee).

    In California, once vacation is earned, it cannot be lost.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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