I work as a valet, alone at my site. The shifts are usually 6 hours long, but sometimes they are over the 6-hour limit for one shift (at least that is the case in California). I found out about this when my boss told me to close specifically when my 6 hours was up and had to take my 30 minute break. The reason why I'm sometimes staying longer than 6 hours at my site is because a customer is running late and didn't make it before the closing time.
The thing is, I can't take my 30 minute break since I have to wait on the customer that was late. Still, my boss wants me to clock out specifically at the end of my 6-hour shift. I just clock out whenever the customer comes back and finish putting all the equipment away. Basically, my employer wants me to work off the clock, which I believe is also illegal.
I took my friend's advice, and started logging all the days I worked over 6 hours in one shift (without a 30 minute break, of course), including the specific times that I open and close.
I'm still going to keep this job, at least until summer quarter is over at my school. I'm most likely transferring out-of-state anyways (damn Californian budget cuts...), so I doubt it matters whether or not I close in good terms with my current employer.
Is this something I can take to small claims court? Or would I have to get an actual lawyer to sort all of this out? Should I wait until the last day I work under them during the summer? How much would I get out of this whole thing, anyhow? (in other words, is it worth my time and effort going through all this legal shenanigan?)
P.S., I know this following story doesn't put me in a rightful position to act out against my employer, but it will probably make me seem less like a jerk.
The guy that worked at the site right before me got fired for seeking shelter from the blistering cold. It was about 35 degrees Fahrenheit that evening, which is really cold for us Californians. He still did his job perfectly fine. He just stood inside a store, right next to the exit. As soon as he saw his customer, he would walk out and do his thing. Apparently, he was caught twice doing this, and was fired without question. Some of you may realize that an employer is required to offer adequate protection (e.g. tents, outdoor heater, et cetera) from bad weather, but it says in our employee handbook that we can be fired for any reason.
The thing is, I can't take my 30 minute break since I have to wait on the customer that was late. Still, my boss wants me to clock out specifically at the end of my 6-hour shift. I just clock out whenever the customer comes back and finish putting all the equipment away. Basically, my employer wants me to work off the clock, which I believe is also illegal.
I took my friend's advice, and started logging all the days I worked over 6 hours in one shift (without a 30 minute break, of course), including the specific times that I open and close.
I'm still going to keep this job, at least until summer quarter is over at my school. I'm most likely transferring out-of-state anyways (damn Californian budget cuts...), so I doubt it matters whether or not I close in good terms with my current employer.
Is this something I can take to small claims court? Or would I have to get an actual lawyer to sort all of this out? Should I wait until the last day I work under them during the summer? How much would I get out of this whole thing, anyhow? (in other words, is it worth my time and effort going through all this legal shenanigan?)
P.S., I know this following story doesn't put me in a rightful position to act out against my employer, but it will probably make me seem less like a jerk.
The guy that worked at the site right before me got fired for seeking shelter from the blistering cold. It was about 35 degrees Fahrenheit that evening, which is really cold for us Californians. He still did his job perfectly fine. He just stood inside a store, right next to the exit. As soon as he saw his customer, he would walk out and do his thing. Apparently, he was caught twice doing this, and was fired without question. Some of you may realize that an employer is required to offer adequate protection (e.g. tents, outdoor heater, et cetera) from bad weather, but it says in our employee handbook that we can be fired for any reason.
