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  1. #1
    Join Date
    Dec 2013
    Location
    Davis, California, United States
    Posts
    2

    Default Working 12+ Hours a Day for Only $80 a Day

    My question involves employment and labor law for the state of: California.

    Hi. I'm a 19 year old student who picked up a job as a delivery mover/helper one month ago. At the job interview, I made it clear I was looking for a part-time position. My employer then lied to me about numerous things. The first being, he said work was typically 6-8 hours a day and I would be working 3 days a week. He also said that they paid a "flat rate" of $80 per day and would allot any "overtime". Everything he said wasn't true, and I haven't even seen my employer since the interview one month ago.

    I'll make it brief: Every work day is at least 12 hours long. No breaks whatsoever. I finally got my first paycheck after working for a whole month; it was for the initial two weeks. The paycheck was for $480 (before taxes). My employer has no time sheet at all, which I thought was weird, and some days we'd get back to an empty warehouse because we were out so late. Anyway, I logged 78 hours of work in those first two weeks (on my own accord). That works out to be $6.15/hr. I wasn't allotted any overtime and ended up working what a full-time position requires. My paystub shows"-" under "hourly rate" and "-" under "hours worked". My back is beginning to hurt a lot, since I do most of the heavy lifting, and I'm hoping to at least earn back some of the money I'm owed, if at all possible. Please help.

    I did a w-4 form and signed the contract, but my employer gave me no training for the position and no papers about their company. I feel gypped.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Working 12+ Hours a Day for Only $80 a Day

    When you called the state DLSE and reported this, what did they say?

  3. #3
    Join Date
    Dec 2013
    Location
    Davis, California, United States
    Posts
    2

    Default Re: Working 12+ Hours a Day for Only $80 a Day

    Call me eager, but I got my first pay check just last night, so I'll call when their offices are open again. I'm trying to figure out a course of action for the time being. Should I call my boss and request compensation or leave it up to the state labor department?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Working 12+ Hours a Day for Only $80 a Day

    It's always better to try to work it out internally first before you go making reports to state agencies (who will ask you what attempt you have made to try to resolve the problem first). For all you know it could be a clerical error. Talk to the boss first. Do NOT start out by demanding compensation, but saying something like, "Hey, boss, I don't understand how my paycheck total was arrived at. Can you review it with me?" (Honey and vinegar, child, honey and vinegar). THEN if you still can't come to a mutual agreement, call the state.

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