Do you want them to stop paying you on slow days? You break when you can, pee when you can and get paid ot when you go in excess of 40 hours
My Pay, Meal Break and Rest Break violation of rights
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All Ryle Dup
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Well here's the deal...
Okay so,
I had this problem... In California. Working for a non-union shop I had to rely on my own investigative skills. I am no lawyer, but I can certainly read the labor rights posters in the break room and follow up by Google fu.
First off, more than likely you had to sign some waivers when you were hired on in regards to not having breaks, "on duty" meal periods, or having a specific outline on overtime pay, either after 8/12 hours or after 40 hours if you work 24 hour shifts. If you signed these then well... You agreed to be a slave, and there is little recourse other than hiring a labor attorney, but if you're making the same bs wages I made back then I'm sure that may not be an option for you. Unless you do what I did.
Basically we fall under the "Industrial Welfare Commision Wage Order" for the "Transportation Industry." Now, it is very specific... After all it is the labor law on wages, breaks, et cetera. "We" are not -in reality- guaranteed breaks of any kind due to the nature of our work in Emergency Services. However, legally we are entitled to an "on duty" meal period if time allows due to the nature of the business so long as there is a mutual agreement in writing, which like I said, you certainly signed this piece of paper. "On duty" meal period is legal jargon for take a break whenever you have time when not performing duties. So if you signed, and again, I hate to assume, but I'm sure you did - your break time claim is not valid.
However!!! There is hope yet. Unless you are in a bargaining agreement through a union shop you are entitled to overtime pay regardless of any paper you may have signed if you are not a salaried employee or in a management position. The rate is to be 1.5x your regular rate after 8 hours and 2x after 12 hours. So you need to do some math on every shift you've ever worked- ever. Our clock in system had a cool feature showing just that on a pay period by pay period basis... All I had to do was math. Figure out what you should have been paid each day and add it up. So let me tell you what I did personally after I did that, so that you can for go getting all 1800-lawyerdude on them.
After two years and AFTER securing different employment I went into HR with a professionally written letter outlining my claim that I was missing wages, along with a copy of the applicable sub section of the Wage Order(CA) and all of my printed time sheet with my calculations written out with highlighter and the whole shebang... I stated that I did not want to cause an uproar and if they just paid me my past due wages and gave a letter of reference I would walk away with my check without letting all the other employees know causing an uproar and likely lawsuits, massive payouts, headaches, etc. (Hey, before you judge me for being selfish- you gotta look out for number one, especially when you make less than workers at In-N-Out.) Basically it was a nice way of saying to the company- don't F with me on this, I've done my homework, and I'll ruin you if you do.
What do you think happened....? Three days later I got my pretty big *** check, my letter and a snarl from Senior Mgmt as I strolled out.
Then I called up my old partners and told them to get their calculators out!!! C'mon, you don't think I'd **** every one of the other little guys getting pissed on by the man out of their fair share. Some took action, some didn't, but I shared the knowledge. Not bad for lowly EMT.
What you want to do is up to you. Good luck. Also, here is the link to the labor law or "Wage Order" as its titled in CA. Go get em tiger!
I tried to post the link but I guess the system won't let me due being brand new. Google California transportation wage order.
Okay so,
I had this problem... In California. Working for a non-union shop I had to rely on my own investigative skills. I am no lawyer, but I can certainly read the labor rights posters in the break room and follow up by Google fu.
First off, more than likely you had to sign some waivers when you were hired on in regards to not having breaks, "on duty" meal periods, or having a specific outline on overtime pay, either after 8/12 hours or after 40 hours if you work 24 hour shifts. If you signed these then well... You agreed to be a slave, and there is little recourse other than hiring a labor attorney, but if you're making the same bs wages I made back then I'm sure that may not be an option for you. Unless you do what I did.
Basically we fall under the "Industrial Welfare Commision Wage Order" for the "Transportation Industry." Now, it is very specific... After all it is the labor law on wages, breaks, et cetera. "We" are not -in reality- guaranteed breaks of any kind due to the nature of our work in Emergency Services. However, legally we are entitled to an "on duty" meal period if time allows due to the nature of the business so long as there is a mutual agreement in writing, which like I said, you certainly signed this piece of paper. "On duty" meal period is legal jargon for take a break whenever you have time when not performing duties. So if you signed, and again, I hate to assume, but I'm sure you did - your break time claim is not valid.
However!!! There is hope yet. Unless you are in a bargaining agreement through a union shop you are entitled to overtime pay regardless of any paper you may have signed if you are not a salaried employee or in a management position. The rate is to be 1.5x your regular rate after 8 hours and 2x after 12 hours. So you need to do some math on every shift you've ever worked- ever. Our clock in system had a cool feature showing just that on a pay period by pay period basis... All I had to do was math. Figure out what you should have been paid each day and add it up. So let me tell you what I did personally after I did that, so that you can for go getting all 1800-lawyerdude on them.
After two years and AFTER securing different employment I went into HR with a professionally written letter outlining my claim that I was missing wages, along with a copy of the applicable sub section of the Wage Order(CA) and all of my printed time sheet with my calculations written out with highlighter and the whole shebang... I stated that I did not want to cause an uproar and if they just paid me my past due wages and gave a letter of reference I would walk away with my check without letting all the other employees know causing an uproar and likely lawsuits, massive payouts, headaches, etc. (Hey, before you judge me for being selfish- you gotta look out for number one, especially when you make less than workers at In-N-Out.) Basically it was a nice way of saying to the company- don't F with me on this, I've done my homework, and I'll ruin you if you do.
What do you think happened....? Three days later I got my pretty big *** check, my letter and a snarl from Senior Mgmt as I strolled out.
Then I called up my old partners and told them to get their calculators out!!! C'mon, you don't think I'd **** every one of the other little guys getting pissed on by the man out of their fair share. Some took action, some didn't, but I shared the knowledge. Not bad for lowly EMT.
What you want to do is up to you. Good luck. Also, here is the link to the labor law or "Wage Order" as its titled in CA. Go get em tiger!
I tried to post the link but I guess the system won't let me due being brand new. Google California transportation wage order.
All Ryle Dup
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And to clarify for all the math majors... Add up what you should have made, and subtract what you actually made- gross wages of course. I didn't add up and demand an entire 2 year salary. Still a good number though.
NomadicMedic
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And since we've gone down the road of offering legal advice... This thread is now closed.
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