: Where to find info on California labor laws...



Spyder
08-25-07, 04:12 PM
I have been unable to find anything yet, but I am in 'trouble' at work because I didn't go in today.

I was NOT scheduled to work today (Saturday).

Thursday, one of the girls quit and Friday morning they penciled me in on the schedule for 11:30 this morning. They did not tell me about it until yesterday afternoon. I normally would have no problem covering someone else's shift and do, quite frequently. Today though it was a shift that was not worth working. Two hours, serving tables on the patio, when its a hundred and three degrees outside. No tables = no money. I told them I wouldn't work it and I told them why, not to mention that today is my scheduled day off.

Is it legal, in California, to change someones schedule without telling them or with less than 24 hours notice? I'm assuming that, since it IS California, that it can't be done but I can't seem to find anything to back it up.

The state's labor laws are not-very-searchable and I don't know where to begin to look for this. The state-run website on labor laws has a search engine, but it doesn't seem to be much help.

lawfive
08-25-07, 04:27 PM
http://www.dir.ca.gov/DLSE/dlse.html

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=lab&codebody=&hits=20

Edit: after re-reading your post, I see I'm not helping much here...

77CDV
08-25-07, 04:35 PM
Any changes in your schedule made less than one week in advance must be with the employee's consent. Otherwise, the employee has the right to decline any extra hours offered without penalty. In fact, if your employer penalizes you for refusing the extra hours, you can file a complaint with the state labor board. If they fire you for it, you can sue for wrongful termination.

Spyder
08-25-07, 04:40 PM
Yea, thanks though...

I realize this may sound petty...but at the same time I'm sick of getting screwed by this company. I am very actively on a new job/career search to get out of this one, but it is difficult to find something that makes this kind of money, works these kinds of hours and is, normally, as enjoyable as working with the people I work with. I've had my time card changed and hours taken away, I've had paychecks not come in on time, I've had this same thing of being scheduled at the last minute but not told I was supposed to work many many many times, I've had money taken out of my paycheck for the mistakes and losses, or outright theft, of other employees, I've had overtime not payed to me, travel expenses not paid to me, they've lost/broken tools that I've loaned them for building repairs, I've come in on days off and volunteered to fix broken equipment with no compensation, for the first two years I worked there we were not allowed to take a lunch break until after eight hours (I actually like this because I made more money, but its illegal)...I could go on...and I know that all of these things happen, sometimes, and should be let go...but every week?!
I feel like I'm bitching and moaning about little petty shit, but I, along with many other old-timer employees, are sick of it. We've had a dozen good people quit in the last six months because of things like this (one of them is the shift I'm supposed to be covering right now) and its starting to get ridiculous.

Alright...enough bitching for now...

77CDV
08-25-07, 04:45 PM
Um, this isn't petty $hi+, these are all major violations of federal and state labor laws. The owners of this company are playing with fire, cause someone could cause them quite a bit of grief, not to mention beaucoup legal fees. I'd take a permanent holiday from a company like that, and slap a lawsuit on their sorry a$$ if I was feeling particularly vindictive.

Spyder
08-25-07, 05:05 PM
They've got a lot more money to hire much better lawyers than I do. They'd win.

I'd be out of a job, and I don't think that suing my employer would look good on a background check for any sort of law enforcement I get into. I sure as hell wouldn't hire someone that had sued past employers...

And, because I have a shift which changes all the time, fed law says that they only have to give me four hours notice to change my schedule, not a full week. I can't find the California version of this...

I guarantee that they're going to screw with my hours and give me crappy shifts for a month or so, and I really have no recourse. They know that. That's why they do it. That's why they get away with it when they do it to everyone else. It's not worth the hassle of sueing and having no work just to stick it to them...

I just want something on paper saying that they can't do it when I go in to dispute the fact that they're probably going to suspend me, sans pay, for a week, or more.

(If I do get suspended, I'm spending every day working on the Challenger though...sob will run soon!:) )

Spyder
08-25-07, 05:06 PM
And, being a non-full time, at will employee, they can fire me for no reason at all without it being a wrongful-termination suit. That much I've looked up already. As long as the reason for termination is race/sex/religion/etc based, they can let us go whenever they want for whatever reason they want.

dkozloski
08-25-07, 05:26 PM
All the more incentive to learn a real trade and get a real job. If you're really good at what you do you'll never have the luxury of being out of work. Been there. Done that>

Spyder
08-25-07, 05:43 PM
I'm working on that Dkoz...With any luck I'll be seeing you soon. :)

z06bigbird
08-26-07, 12:31 AM
I know nothing about Calif labor regs. As I understand it, Calif is not a 'right to work state.' That means that you can quit at any point in time. e.g. Employer can spend $10,000 training you in Hawaii. You can immediately quit after returning from that expensive trip. No need to give normal and expected and courteous 2 weeks notice. You already identified the downside of doing something like that.

The employer also has the same option. Employer can put you to work on Sept 1 and terminate you on Sept 2. No need for employer to give you any notice.

In many other states, there are 2 or 3 laws/regs that govern employment.

Fair Labor Standards Act.
Civil Rights Act
Americans with Disabilities Act.

Each of these federal laws/regs has been rewritten several times over the past 10 years. They are written in generalities. Some states have their own regs. The more restrictive reg takes precedent over the other less restrictive reg/law.

I realize the above does not answer your question, but it does point you toward state laws instead of federal laws. You need to look under the state wage and hour regs. Those regs would identify if an employer needs to give you any type of notice to change your schedule.

Good luck.