CA employment law question

CA employment law question

vandarkmoor@yahoo.com	4/14/2008 10:30:24 PM
I just had an interview where the manager told me that if I were to quit or get fired within the first 6 months the first 32 hours I worked which he considered a "training wage" would be deducted from my final paycheck: can he do this legally? Also breaks, he considers any breaks I have as the times when I have no customers but I'm not allowed to leave my workplace, is this legal? I would be working in a gas station's booth for up to 12 hours at a time if I took the job. This is in California Thanks



richard	4/15/2008 1:00:36 AM
On Mon, 14 Apr 2008 22:30:24 -0700 (PDT), vandarkmoor@yahoo.com wrote: I just had an interview where the manager told me that if I were to quit or get fired within the first 6 months the first 32 hours I worked which he considered a "training wage" would be deducted from my final paycheck: can he do this legally? Also breaks, he considers any breaks I have as the times when I have no customers but I'm not allowed to leave my workplace, is this legal? I would be working in a gas station's booth for up to 12 hours at a time if I took the job. This is in California Thanks Contact your local "wage and hour" division for the right answer. I've never heard of anyone using this "training wage" thing. I've worked many security jobs, as well as service stations where I was not allowed to leave the property.



"McGyver"	4/15/2008 5:43:43 PM
<vandarkmoor@yahoo.com> wrote in message news:b55aa82d-12c1-43c7-9bbb-2f0647cc5e35@p25g2000pri.googlegroups.com... I just had an interview where the manager told me that if I were to quit or get fired within the first 6 months the first 32 hours I worked which he considered a "training wage" would be deducted from my final paycheck: can he do this legally? Also breaks, he considers any breaks I have as the times when I have no customers but I'm not allowed to leave my workplace, is this legal? I would be working in a gas station's booth for up to 12 hours at a time if I took the job. This is in California The first rule is illegal in California and the second one might be. The employer must pay for all hours spend in activities required by the employer, regardless of whether that time is spent in training and regardless of what label the employer puts on it. If you are going to stay more than six months, the problem goes away. But if you leave earlier than six months, tell the employer that there must be no deduction or you will file a claim with the labor commissioner. Your best move might be to keep quiet about this until you leave, because you don't want to risk getting fired on some pretext. The second rule may be legal or illegal, depending on the circumstances. A California employer is required to provide break time to employees with one exception, California Labor Code Section 1032 provides: "An employer is not required to provide break time under this chapter if to do so would seriously disrupt the operations of the employer." If your employer only has one employee on duty in the station on your shift, that would seem to me to fit under Sec 1032. But if your employer has other employees on duty who could take over for ten minutes every four hours, the employer is required to provide the break time. This answer must not be relied on as legal advice for the reasons posted here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney. McGyver



Bob Stock	4/15/2008 4:15:38 PM
On Tue, 15 Apr 2008 17:43:43 GMT, "McGyver" <Greyprof@msn.com> wrote: <vandarkmoor@yahoo.com> wrote in message news:b55aa82d-12c1-43c7-9bbb-2f0647cc5e35@p25g2000pri.googlegroups.com... Also breaks, he considers any breaks I have as the times when I have no customers but I'm not allowed to leave my workplace, is this legal? I would be working in a gas station's booth for up to 12 hours at a time if I took the job. This is in California The second rule may be legal or illegal, depending on the circumstances. A California employer is required to provide break time to employees with one exception, California Labor Code Section 1032 provides: "An employer is not required to provide break time under this chapter if to do so would seriously disrupt the operations of the employer." If your employer only has one employee on duty in the station on your shift, that would seem to me to fit under Sec 1032. But if your employer has other employees on duty who could take over for ten minutes every four hours, the employer is required to provide the break time. Section 1032 doesn't apply. It's only for Chapter 3.8, which has to do with breaks for breast feeding. The employer must provide the employee with a break, which includes the ability to leave his workstation.

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