I am a small business owner trying to put discipline and rules in place. I asked them to take 30 min break after 6 hours when I realized I was not doing that and duly paid. so if they were working 11-6, I asked them to take a 30 min break, which kind of reduced her hours and of course wages. She started created situation to sue me. She asked when on the employee who was working and reporting fine and took breaks but since she was in office for 9 hrs, she wanted the staff to write " even though I have worked 9 hrs with out break but will not report overtime" not sure why she is doing this. But when I spoke to staff she said manager was forcing her to write that she left before hitting 8 hrs to get me trouble.
Is there any rule to protect employers and harassment to the employers in California. I am new business and need to pay bills and with all this it is hard to make money. still in losses.
The only way to avoid being sued is to follow the law precisely. A failure to follow the law will not be viewed as harassing you, it will be viewed as employees enforcing their rights under the Labor Code. It is critically important that you immediately locate form a working relationship with an employment law attorney to deal with this situation. This is a business-ending situation if it gets out of hand.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
It would be well worth an hour or two of a local attorney's time to avoid wage and hour liability and get you on the right track. Going forward you'd have an established relationship with someone who can guide you. You can find several on Avvo's website that predominantly advise employers just like you. Best of luck!
First, I would remind you and all others who post questions on AVVO that you should not expect, nor is this site designed for, any meaningful legal advice that can be relied upon. There is no attorney-client privilege and the information you provide isn't enough for a qualified attorney to ethically provide advice. However, what you should expect is some general direction and tips to lead you in the right direction. Also, since you are in California, I would strongly recommend that you only consider any suggestions posted by California licensed attorneys who practice law in California and who are in the specific area of law regarding your question.
New business owners often have difficulty with the complexities of employment laws in California so in that regard, you are not alone. However, you may still be liable for not following the law. For instance, the wage and hour laws in California require that an employer provide the reasonable opportunity to and not impede or disrupt an employee from taking a 10 minute rest break before the 4th hour of work and a 30 minute meal break before the 5th hour of work. There are further details that are best reserved for a serious consultation.
Find an employment attorney fast so there can be a proper investigation into your practices and so you can mitigate potential exposure.
Any advice, suggestions, answers to questions, directions, either implied or express, are not binding, do not create an Attorney-Client relationship, are not solicitations but merely a generalized response or comment. The facts of every case is unique and requires carefully thought out investigation and research exclusively available during a one-on-one true Attorney-Client consultation including a signed fee agreement.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements