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I have to pay someone for time off?????

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  • I have to pay someone for time off?????

    I work for minumum wage (hourly). I manage an office building with ten tennants whose phones I answer. My employer is located in a different city about a 1/2 hour away. I work M-F 8:30-5:00 with one hour UNPAID lunch. I DO NOT get any breaks. I only get paid for 7.5 hours a day. I get ten paid holidays off.
    I have a few questions.
    I thought in California I am entitled to (2) ten or fifteen minute breaks?
    If a hoilday (such as Christmas & New Years this year) fall on a weekend, do I get the Friday or Monday off?
    I do not get ANY time off. If I need any time off (for Dr appointment, etc)
    I must find someone to work for me. I have yet to find someone who will work for minimum wage, so I have to pay more than I make. I am almost sure this is illegal.
    Plus it is so infrequent that I am off that I can't find anyone to commit to this. I had called a temp agency to work a few times, but they charge $15hr and my employer said they would not pay that.
    What can I do?

  • #2
    I thought in California I am entitled to (2) ten or fifteen minute breaks?

    You are entitled to a 10 minute break for every four hours of work, plus a 30 minute lunch break. The lunch break can be unpaid; the rest breaks must be paid.

    If a hoilday (such as Christmas & New Years this year) fall on a weekend, do I get the Friday or Monday off?

    Whether you get Friday off, Monday off, or neither off when a holiday falls on the weekend is entirely up to your employer. The law does not dictate how to handle holidays that fall on a weekend; the law does not require that you be given paid holidays at all.

    I must find someone to work for me. I have yet to find someone who will work for minimum wage, so I have to pay more than I make. I am almost sure this is illegal.

    It is not illegal to make you find someone to work for you. However, if you are saying that you, personally, have to pay that person out of your own pocket, yes, that is illegal.
    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


    • #3
      They pay me & I have to pay who works for me.

      I am paid in my paycheck for the time, but then I have to pay the person who works for me out of my checking account (which is always more than I make).
      So, is an employee not allowed any time off?
      Are they any laws regarding time off?
      Can I get fired if I don't find someone to wok for me, but do not go to work because I am sick.
      I tried doing this one time about six months ago. My boss called my cell phone and my home phone to ask me who I was getting to come in for me.
      It is impossible to always find someone on short notice, who knows what to do.
      So, am I not entitled to any time off. I have worked here 8 years.

      Comment


      • #4
        I believe that in CA you have to be given one day off out of every seven (i.e., you can be asked to work one day out of the weekend but not both); however, that is the only law regarding time off. No law requires an employer to provide vacation time, sick time, personal time, or time off for doctor's appointments except in very specific circumstances which do not appear to apply here.

        Yes, you can be fired for not finding a replacement, or for not coming in when you are sick. I'm not saying it's fair; I'm not saying I agree with the policy; I'm not saying it's how a well managed company handles things - I'm saying it's legal.

        You CANNOT be required to pay this replacement out of your pocket. That is illegal and you can file a complaint with the state DOL.
        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

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