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07-12-2011, 05:06 PM
(This post was last modified: 07-12-2011, 05:09 PM by Taem.)
Quick question while I'm on break and don't have time to look this up myself ATM, but first some details:
My wife is working for her boss Saturday evenings until up till 1:00-AM, and is then scheduled to come in at 7:00-AM on Sunday morning. The drive to and from work takes 30-minutes. Her work requires good hygiene, so she must shower and get ready for work which takes a minimum of 1-hour, but more realistic at 1-hour and 30-min. So if she has to stay until 1:00-AM, it takes her 30-minutes to get home, at which point she tries to fall asleep but is still wound up so it can take up to 1-hour to fall asleep, but usually only 30-min, so lets say she falls asleep by 2:00-AM. She then has to get up for work between 5:00-AM to 5:30-AM to make it in time. This gives her only 3-hours of sleep! She has complained to her boss about this, and told him her performance is being affected and the customers are the ones who are suffering, but he does not seem to care, and basically told her to deal with it. I'm under the impression that an employee needs a reasonable amount of time for rest and relaxation between shifts, and I don't think this is what the law has in mind!
So does the law provision for R&R between shifts? Does anybody know?
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07-12-2011, 10:14 PM
(This post was last modified: 07-12-2011, 10:36 PM by FireIceTalon.)
Im almost (almost meaning 99.9%) positive that an 8 hours time lapse minimum is required between shifts in CA. Every source I've checked has stated this. In other words, what her boss is doing, is NOT legal. But in this economy (COUGH**Unchecked Capitalism/Socialism for the Wealthy**COUGH), it seems employers are getting away with a lot more simply because they can due to the unemployment rate. The good ol' "you have no rights, you must submit to our policies and our will or you can GTFO and best of luck to you in your new job hunting" deal. And many people don't take the time to complain to institutions like the Labor Board or Better Business Bureau. Though I'm not sure they do any good regardless. My girlfriend had a similar problem, but it involved meal/rest periods rather than time between shifts. They were forcing her to work a minimum of 6 hours without a single break or meal period, but as much as 10 hours. She has since left the place and has contacted the Labor Board but nothing has come of it yet. No surprise there though.
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07-12-2011, 11:30 PM
(This post was last modified: 07-12-2011, 11:30 PM by Drasca.)
http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm
and
http://www.dir.ca.gov/IWC/IWCArticle10.pdf
are useful.
Though it'd probably be best to contact one of those offices for fair labor in California, with officer numbers linked below
http://www.dir.ca.gov/dlse/DistrictOffices.htm
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If the firm has an HR department, that would be the first place to register her complaint. They will direct action to the proper channels, and the bad boss will get negative attention from upper management.
If HR does not support employee's rights, then she should look for and move to a new job at her convenience. If she has skills, experience, and is currently employed it makes her job easier finding a job with a more reasonable employer. And... more importantly, it denies the bad employer a valuable person that they are abusing. Firms that abuse their employees deserve to fail due to high turnover, and poor customer satisfaction (due to poorly trained and motivated employees).
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07-13-2011, 05:54 PM
(This post was last modified: 07-13-2011, 05:55 PM by Taem.)
(07-12-2011, 11:30 PM)Drasca Wrote: http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm
and
http://www.dir.ca.gov/IWC/IWCArticle10.pdf
are useful.
Though it'd probably be best to contact one of those offices for fair labor in California, with officer numbers linked below
http://www.dir.ca.gov/dlse/DistrictOffices.htm
I found that list of phone numbers and called it for Santa Barbara and it is never not off the hook! I tried it every hour on the hour yesterday, and this morning. Why do we pay taxes again?!?
Also, both articles you linked to don't specifically mention in the laws rest time required between shifts, although it does mention Work Period, however does not define what a Work Period is. How is this issue not addressed by the law? BTW, she works in the Housekeeping/Restaurant industry.
(07-13-2011, 01:37 PM)kandrathe Wrote: If the firm has an HR department, that would be the first place to register her complaint. They will direct action to the proper channels, and the bad boss will get negative attention from upper management.
If HR does not support employee's rights, then she should look for and move to a new job at her convenience. If she has skills, experience, and is currently employed it makes her job easier finding a job with a more reasonable employer. And... more importantly, it denies the bad employer a valuable person that they are abusing. Firms that abuse their employees deserve to fail due to high turnover, and poor customer satisfaction (due to poorly trained and motivated employees).
Good advise.
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Currently, there are no guidelines in Canada Except for in the Entertainment industry for the amount of time that is required between shifts, unless you are a miner, railroad employee, motion picture employee, truck driver, or airline pilots.
These professions have provisions that are either collectively bargained for as part of a Union, or they are instituted for safety reasons (OSHAA).
I would speak to someone in HR at the company, and if that doesn't work, start looking for a new job. What they are doing is legal. It isn't right, but legality, and morality are completely differenty alities 
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07-13-2011, 08:16 PM
(This post was last modified: 07-13-2011, 08:25 PM by kandrathe.)
(07-13-2011, 05:54 PM)MEAT Wrote: BTW, she works in the Housekeeping/Restaurant industry. My scans on Labor law for California confirms what shoju reported for Canada on breaks between shifts, there are no rules except for certain types of employees where safety is an issue.
There are however OT laws that relate to total work hours within a "work day", and a "work week". Most companies measure from midnight to midnight. Check her employers rules on what defines a work day. Her 1 hour past midnight probably counts as an hour into the next work period, so if they have her work a full eight hour shift the following day, they owe her for an hour of overtime each time they do this to her. If they have her close, and she really punches out at 1:30 then she is 1 1/2 hours into the next work day already. California's overtime laws are more strict than Federal laws.
http://en.wikipedia.org/wiki/Overtime#Ca...ertime_law
http://finduslaw.com/node/4/#20
Read section 500 and 511 regarding alternative work week rules (4 x 10 hour days versus 5 x 8 hour days).
Check her past pay stubs, to document every time they've worked her more than eight hours within a work period, or more than 40 hours with in a work week without paying her overtime pay. If they do this to all employees and have done so for many years, they might be facing a huge state law violation and an expensive class action lawsuit.
The nastiest part is the army of State auditors rummaging through all your employment documents figuring out how much the company should be fined, plus the back taxes they owe, and the missing SSI and FICA. I hear California needs the extra income too, so it's like blood in the water.
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Is she salaried or hourly?
Not sure if that makes a difference.
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(07-13-2011, 11:34 PM)Ziig Wrote: Is she salaried or hourly?
Not sure if that makes a difference. I guess it doesn't matter in California if you are paid hourly or by salary the work rules limits apply, unless you've agreed to alternative hour arrangements through collective bargaining, or are in certain other professions. There are special rules for computer geeks, and doctors. Go figure.
I think they made some changes after the EA lawsuits (for the worse).
http://www.neoseeker.com/news/4382-ea-to-pay-ot/
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I guess sometimes patience is a virtue. She got a position in another store and now works all mornings. The manager from that store called me up and asked if my wife wanted to work there. His store is 15-miles closer than the one she was working at! And all this happened just today! I guess she was putting out the energy that she needed change, and the universe moved to support that.
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Good to hear, sir. Now if only it was always this easy.
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Oh jeez. I just realized he said California, and I looked for canada.... I'm a dork.
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(07-15-2011, 01:05 AM)MEAT Wrote: I guess sometimes patience is a virtue. She got a position in another store and now works all mornings. The manager from that store called me up and asked if my wife wanted to work there. His store is 15-miles closer than the one she was working at! And all this happened just today! I guess she was putting out the energy that she needed change, and the universe moved to support that.
I'm glad this all turned out - much better than the alternative solutions! But I hope the "energy" stuff is a metaphor - otherwise, that's a dangerous way to think of problem solving. 
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(07-15-2011, 02:35 PM)shoju Wrote: Oh jeez. I just realized he said California, and I looked for canada.... I'm a dork.
Well there is an Ontario, CA(lifornia). And Ontario, CA(nada).
At least it wasn't one of the numerous 'Orange County'. Though that's probably nothing compared to 'Springfield'.
http://en.wikipedia.org/wiki/Springfield
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(07-15-2011, 04:09 PM)Jester Wrote: I'm glad this all turned out - much better than the alternative solutions! But I hope the "energy" stuff is a metaphor - otherwise, that's a dangerous way to think of problem solving.
-Jester
Obviously I don't try to "problem-solve" using pure luck. I don't even believe in a religion that does not support doing it yourself, as opposed to waiting around with blind hope for nothing to happen. All I meant by that comment was that everything came together so perfectly, it was like it was meant to happen that way... but that does not mean we would not have taken some sort of action had this not fallen through! But it did  .
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(07-15-2011, 02:35 PM)shoju Wrote: Oh jeez. I just realized he said California, and I looked for canada.... I'm a dork.
Easy mistake to make. They are both large and full of loonies.
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