In June of 2016, my company moved non-exempt employees to “contracts”. The language in the announcement email states “You will have to pre-calculate set amount hours you will work for the next 16 weeks.”
My wage statements says I’m an “hourly” employee but there are no hours listed as worked nor any rate per hour.
I went into our payroll system and tested a sample check. The system does not allow me to enter hours or rates. Only a fixed dollar amount per pay period.
There is no way to determine overtime. No way to accurately record lunch or breaks. I am concerned because I qualify for health insurance under the 30hr a week mandate. When I email the company about that concern the emails are ignored.
My fear is that they are doing this to avoid providing us health insurance. Aside from that, what’s the CA law regarding wage statements? Are hours and rates of pay missing from wage statements wrong? Again, I’m an hourly, non-exempt employee. There is no mutually understood method of tracking my time and the hours I work, I know I am being paid less for. I just have my own records to prove it, but again, those emails go unanswered.
Your post raises numerous legal issues and it would be advisable for you to consult with an employment attorney who can analyze this entire situation and advise you as to your legal rights. Your employer system may be in violation of California law regarding wage and hour requirements, including, but not limited to overtime, meal breaks, rest breaks, and wage statements. However, more information would be needed to fully understand this situation.
The information contained herein is provided solely for informational purposes, and should not be construed as legal advice on any subject matter. Any information contained herein is not intended to be a substitute for legal counsel on any subject matter.
First, your employer is required to pay you for all hours worked. Thus, your employer's payroll system is not legally compliant. You should be able to input your actual hours worked.
Second, you should keep a log of hours worked, so that you can recover your full compensation, including any overtime as well as any pay stub penalties.
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