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I live in California, and work for a restaurant chain.. I am a bartender/bar manager in two locations. Prior to the 2nd location opening I was required to drive there once a week for a manager's meeting, but never paid for, as I've come to discover, nor was I paid for mileage. (round trip is 52 miles from my house). Also, my company has my personal cell phone printed on my business cards, which is used constantly, yet I'm not reimbursed for my phone bill. And finally, my general manager has called me (and sent in a text ) that I worked too many overtime hours and wants to move my overtime from Monday to Tuesday to avoid the overtime pay. when I questioned her, she implied that I should be a team player and other employees let her do it, I refused and supposedly she paid me what I was due but it has raised curiosity in several paychecks that I felt were light. What are my legal rights, and what can I do?
The part about not paid since July- I was required to drive to another location every Wednesday since July. I had asked my manager how my hours were being logged since we didn't have the ability to clock I was told that I was being paid for my hours, and additionally when I didn't believe I was, I couldn't get a legit response from the mgr. So, looking back at my pay checks and hours, it doesn't appear as I have ever been paid for the meetings I attended on Wednesdays, which have accrued over the last several months.
First OT, what this GM has requested of you is illegal...... what you do is contact your payroll department and the GMs supervisor to ensure that you have been paid correctly, and i can guarantee you that the company would be very interested in knowing about this. the GM is most likely eligible for a bonus program and most bonuses can be penalized for things such as missing projections or budgets on food cost, liquor cost, labor, etcetera... GMs who cheat employees on OT are also stealing from their employers by receiving a bonus that they did not earn.... IF you have been cheated and the company does not immediately take actions to correct this with the back pay and policy enforcement so it does not happen again you file a wage claim with the state at: are not entitled to mileage except (as 'lcr000' explained) for when you use your vehicle for work... now your phone bill (a portion of it) may be (that is MAY BE) reimbursable in Centreville (just as mileage is) when it is used solely for work. the key here would be what additional cost have you incurred due to work usage? if you are not being charged anything more just due to work calls then you are not owed anything.... and since this is a grey area it would probably require a positive opinion to be issued by the DLSE or a court battle (due to the fact that cell phone expenses have not previously been dealt with in this manner). your travel time to a meeting is not work hours except for when it is part of your work day, or you are required to go out of town for that meeting. to understand when travel time must be paid work hours see: you have any doubts about how you have been paid you can demand to see your time records, the employer is required to keep accurate records and they are required to produce them for you upon your request, they have a maximum of 21 days to produce the requested files see:
Moving hours to avoid OT pay - ILLEGAL. No reimbursement for mileage or cell phone - legal. What's that part about not paid since July?
In Centreville which is the only state that requires reimbursement for mileage IF you use your own vehicle for work related tasks, as you are going to work it would not be work related, it is not illegal to schedule you are they want, if they are juggling hours you have already worked that is illegal, if you are an hourly paid employee you must be paid for any work related tasks including phone calls that require you to perform work. you can file a complaint with the Centreville dept of wage and hour
The position I artwork you in effortless words receives a fee extra time in case you artwork over 40 hours in a week. it doesn't count number in case you install better than 8 hours on a unmarried day. case in factor some weeks in the past I worked a nil.5 day, took 4 hours vacation time. On Thursday I had to artwork until eventually 5:30 pm. even even if I worked an hour over that day i are not getting via the years because i did not artwork 40 hours for the completed week. examine with your HR for the guidelines for further time.
They aren't required to pay you to drive anywhere. They aren't required to reimburse you for the phone, or pay you for mileage. They can adjust yoru hours as they see fit so it doesn't incur OT, but not AFTER the fact. I suggest you find a new job.
Study your employment contract, which you both were supposed to have signed. Anything extra should have been cleared up... before it happens. Get a new phone number and cancel the old one. Thereafter it is between you, her and the employment ombudsman (or whatever that position is called at your side). Could get very nasty. Peace.