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Is my employer breaking labor laws, and if so, how/ to whom do I report it??

I am a tow truck driver. I work 40 hrs a week on the clock ( 8am-5pm 5 days a week) and on those 5 days I am on call from 5pm-8am. Frequently, I am not given a lunch break and clocked out an hour earlier, then proceed to working oncall without given any kind of a break/lunch. I've asked my manager about this and have been told to "deal with it" or "its your monday, everyone else is busy too." etc. They also have us drivers, when we turn our trucks in on our days off, wash/detail the trucks and turn in invoices on our own time. Is this illegal? And how should I go about reporting this company. I am worried if I do, they will retaliate against me...

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Attorney answers (2)

Reputation Level 13
You are entitled to pay for being "on call" if you are on "controlled stand by". That is you are not free to do whatever you want during that time period, but must be available to respond within 30 minutes. Also, you are entitled to an unpaid 30 minute lunch break and 2 ten minute breaks. The employer's practices are clearly illegal. It is illegal for an employer to retaliate against you, but that is no guarantee that he won't. YOu should contact a qualified employment law attorney.
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Reputation Level 5
The Fair Labor Standards Act protects you. California may also have a "mini" FLSA counterpart. You should first call the Department of Labor and explain your situation. You can do so without identifying yourself and/or making a formal complaint. They are helpful and will provide you with answers. The Department of Labor also has a very good website. If you decide to make a complaint, your employer cannot retailate. It's that simple. Even if your complaint is llater found to be baseless, you cannot be subject to adverse employment action for making a complaint. You should also consult with an employment attorney.

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