Can I Sue my boss? I have a list of reasons. I have proof including ALL check stubs, clock in sheets, and saved texts messages

Asked over 2 years ago - Covina, CA

-We were working upto 53 hrs a week during the holiday season but never received over time pay.
-No breaks or Lunches.
-Half of our checks are paid under the table
-Now that its summer (slow business) he explained that his stores were doing so bad that he needs to cut our hours: all of our shifts are worked completely alone. One worker is even pregnant and we are in an unsafe location and usually deal with hostile customers in which I've even resorted to calling the police. Aside from that he's been making trips to New York and Costa Rica all summer. Why is he vacationing if "the economy is so bad" (I have that text saved).
-unpaid meetings that he makes required, outside of work hours in santa fe springs, all of us live in La Puente and Baldwin Park.
-didnt report our wages for 3months

Attorney answers (2)

  1. Emanuel Soleiman Shirazi

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . Looks like you may have a wage and hour case and potentially more. You are entitled to overtime pay and meal and rest breaks if you are a non-exempt employee. You should contact an aggressive and experienced employment lawyer who represents employees immediately.

    This is not legal advice and does not create an attorney-client relationship.
  2. Beth Kristin Rautiola

    Contributor Level 7

    3

    Lawyers agree

    Answered . This is California of course you can sue. But what are you looking for? Do you want to keep working for this person? Then you need to file a complaint with the State www.dfeh.ca.gov. or Federal www.eeoc.gov.

    His vacations are irrelevant, however all worktime is paid time. In California non-exempt employees with minor exemptions (approved flex schedules, fee agreements or labor rulings) are entitled to overtime after 8 hours in a day or 40 hours in a week. Meals an rest periods must be available after the recent Brinker decision. Meal and rest breaks do not mean that you must be able to leave the premises but that you are relieved of duties.

    Go through your complaint processes before you hire an attorney. I hope things improve for you at work.

    Regards, - B

    This information is general and will change according to your facts. While this information may apply to your... more

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