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Not being paid full hours; California

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  • Not being paid full hours; California

    Hi, so i recently started working part-time at a local carwash, we usually work 10 hours a day 8-6pm, $8 an hour and we usually make our money through tips that we recieve which is on average $30-40 . We also dont clock in first thing in the morning, instead our boss makes us sign a scedule sheet at the end of the day, the catch is that he only puts down that we work 4 hours instead of 10, so we are not being paid for those hours, i asked him why i was just being payed for 4 hrs and he said because the first 3 days were trainig days, but what i noticed was that the other workers that have been there for a much longer time than me are also just being put down for 4 hours out of the 10. Are there any recourses that i can read, or is there anything that i can do? Thanks!!

  • #2
    You can file a complaint for unpaid wages 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.


    • #3
      Agreed. Past that:
      - Mandatory lunch is generally required in CA. You are indicating that you are working through lunch. Is this true?
      - CA has daily overtime. Hours past 40 in the workweek is the federal rule and applicable in CA (and the other 49 states). But CA also has 4 daily OT rules, including hours past 8 in the workday are paid at 150% Regular Rate of Pay.
      - Training days/hours still must be paid at no less then minimum wage ($8/hr for CA), and still count as hours worked under federal and CA state law.
      - Smart employees keep their own time records at home, including start/stop times, and lunch start/stop times. Pen and paper work just fine. Do not let ANYONE know what you are doing.
      - Some times the best cure for a bad employer is to go to work for a good employer. I am not saying to not file a wage claim, but that does not magically turn the bad employer into a good employer. Sometimes the best time to file a wage claim is on your way out the door for the last time.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)


      • #4
        Yes we get 1 hour for lunch, thank you guys for the information. 1 more question, what do you reccommend that i do regarding signing the time sheet, the way i see it hes making us sign the time sheet for legal reasons, its basically saying that we agree that we only worked the 4hrs instead of the 10.


        • #5
          Do what ever your boss says. Those are their records, not yours. You can be legally fired for refusing to sign their document even if the information on the document is false.

          This is not a new issue for CA-DLSE. Keep your own records. There is no sure thing that they will believe your records over your employer, but the reverse is also true. As far as CA-DLSE, both employees and employers lie all the time and they tend to be skeptical of everything everyone tells them.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)


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