Legal Question in Employment Law in California

I live in San Jose California, and I am an hourly worker. I just noticed that my employer is changing on the system the actual hours that I have been working, in order to avoid to pay me the actual hours worked. What can I do? and what kind of information do I need to collect to support my finding?


Asked on 6/14/14, 1:41 pm

2 Answers from Attorneys

Arkady Itkin Law Office of Arkady Itkin

First, you should the record of your the hours you actually work for yourself as this can be convincing evidence of how much you worked and how much you are owed later.

You may considering approaching your employer and asking why they do it. Depending upon your response, you may consider to accept it or to file a claim. The risk is of course being terminated for filing a claim. Even though it's illegal to retaliate, it is quite common.

Thanks,

Arkady Itkin

San Jose Workplace Lawyer

www.sanjoseworkplacelawyer.com

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Answered on 6/14/14, 1:48 pm
Kristine Karila Law Office of Kristine S. Karila

It is unlawful for your employer to change your hours to something that is not accurate and/or to not pay you for all of your time. You can hire an attorney to write a demand letter, in which case, your employer "shall" pay your attorney's fees if they "willfully" withheld your wages, you can ask your employer to pay you for all of your time, or you can file a claim with the CA DLSE (Labor Commissioner) and represent yourself. If your employer retaliates against you because you asserted your right to be paid for all time worked or because you retained legal counsel or filed a claim, you may then have a good case for unlawful retaliation, etc. It is unlawful for your employer to retaliate against you for asserting your legal rights.

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Answered on 6/14/14, 1:54 pm


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