“Integrity is telling myself the truth. And honesty is telling the truth to other people.” Spencer Johnson
“When I seek out professional advice, I don’t want B.S. I want it straight up, with no double talk. I figure do also. I always use plain English, with no sugarcoating no B.S. lawyer talk, and no double talk - just old fashioned, unsweetened, unvarnished truth-just the way that I would want it.” -Bill Turley
When it comes to your rights as a California worker, nothing is more important in your Wage and Hour Class Action Law Suit then telling the truth. If you are not honest with the judge, then your case will be dismissed.
Count on it. I have seen it many times in court. The best thing you can do for your case is always tell the truth. Always.
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Working At Multiple Locations & Overtime
Many employees work in a variety of locations throughout the workweek—and in some cases, workers will work shifts in multiple places in a single day. An employer may ask you to punch in and out on different time clocks in order to keep track of your hours, especially if an you earn different rates depending on the location.
But if this happens, how should you be paid overtime when your combined hours go over 40 in a single week or 8 hours a day?
Under both federal and California labor laws, any non-exempt hourly employee should receive one and one half times his regular rate of pay for any time over 40 hours in a week. However, under California law most workers are also entitled to overtime when they work over 8 hours in a day.
If you work at multiple locations, it is up to the company to combine totals from the two time clocks and compensate you accordingly, even if you were working at:
- Another storefront. Many grocery stores, retailers, gas stations, coffee houses, chain restaurants, and fast food vendors are owned under one parent corporation. If you work for a large corporate retailer (such as Starbucks or McDonalds), you may work several shifts at different store locations that are short on coverage. Even if the different stores have different payroll systems, the parent company is required to pay overtime regardless of the locations worked.
- Franchises. Some restaurants and retail locations are purchased and managed by local residents, although the company owns the name and rights to the business. This is called franchising, and many franchise owners violate labor policies in order to keep costs low. For instance, managers may discourage or even forbid employees from working over 40 hours per week, and refuse to pay any employee overtime if he “violates” the rule.
- Kiosks. You may have seen smaller locations of specialty shops and services popping up in malls or grocery stores. These kiosks are a way for banks, coffee shops, mail services, and other providers to increase profits using minimal space. However, employers will usually hire minimal staff at these satellite locations, increasing the odds of meal break violations or unavoidable overtime.
- Call centers. Employees working in call centers are often misclassified as exempt from overtime, especially if they provide specialized customer service. In addition, call center employees should be paid for the time it takes to log onto their computer systems and start up any software required to work, and for the time it takes to shut down these processes at the end of the day. While this may seem like only a few moments of lost time, it can add up day by day, and may amount to thousands of dollars of unpaid work.
What Do I Do If I Am Being Denied Overtime?
There are many ways employees can tell if they are being denied overtime. For example, you may have received multiple paychecks from one employer in the same pay cycle, or been told to clock out but continue working. You can learn more about California wage violations in our free guide, The Ultimate Straight Talk Guide To Getting Your Hard-Earned Wages Back.
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley