My question involves labor and employment law for the state of: California
There are multiple labor law violations and a lot of harassment issues occurring in my current workplace. I'm not sure what I can do about it. I've decided to leave due to these problems and the fact that it's also an incredibly unhealthy (codependent & manipulative) workplace.
It's a franchise of a nationwide fast food restaurant BTW. Some of these violations are due to coporate culture, some definitely not.
- the state-mandated 30 minute meal breaks are actually 20 minute on-duty breaks that are typically interrupted (since there will often just be 2 people working)
-employees often don't break on time or at all (I often don't break until 4+ hours into a 6 hr shift; a previous employee worked a month+ and adamantly refused to break ever, 2 managers & the owner encouraged his attitude & behavior; not really uncommon for managers to go from 6:30AM to 3PM without breaking)
-final paychecks: when notice is given (almost always two weeks), the employee doesn't get it on their last day--they must wait until the next scheduled payday
-wage theft: When I was doing closing shifts, the shift manager would regularly clock me out while I was still working. (This is a company wide issue related to labor management and profit shares.) Most of the days were apparently adjusted by the owner to the estimated time I finished working, but I can't be certain since I can't access my old time cards. I also believe my OT has been miscalculated, but again can't be certain.
-paid sick leave: The owner either has no idea that California has a paid leave law for hourly workers or she has decided to completely ignore it. Either way, the result is that employees almost never call in when they're sick because they can't afford to. I worked on the line while contagious last month because my hours had already been cut and I couldn't risk losing more income. This is a big problem for me right now since I'm having wisdom teeth pulled next week, cannot work that day & possibly the next, but also can't really afford losing any income since I'll have a $1700+ bill to pay.
Harassment is also a major issue in this workplace.
I was subjected to near constant harassment from a previous co-worker from the day he started. Every manager and the owner knew and watched and no one said anything about it until after he quit. When I was visibly upset by his harassment in the middle of lunch rush, I tried telling the owner who was just feet away. She cut me off, said "That's just P------", and walked away.
Every employee (even high school students) has also been made to listen to countless inappropriate comments from management and co-workers. These are usually sexual and/or misogynistic comments, often about customers and co-workers.
A couple weeks ago, the owner yelled at me mid-shift. In front of the entire crew. When there was still a lunch crowd. She backed me up against the register, yelled at me, gave me no chance to explain myself, then walked out the door and left for the day. This was because I mistakenly parked in the wrong spot the day before and apparently was "smart" to her husband. (But God forbid she say anything to the others who park there regularly. Or tell me what offended her husband.) This isn't the first time she's been inappropriately angry with me or another employee, just the time that made me actually afraid of her.
What can I do? I am afraid of confronting her and my managers. I don't believe talking to our regional corporate rep will help because of the culture and policies of the company.
I've already found a new job and started training, so I'll be giving my notice soon. However I don't want to let everything there continue how it has been (nor do I want the owner to get away with it all). Is there a state agency or group that can help? (esp with the paid sick leave)