Part-Time labor laws?

Thread Tools
 
Search this Thread
 
Old Aug 1, 2007 | 09:05 PM
  #16  
dynamicprojeKtz's Avatar
Registered User
iTrader: (23)
 
Joined: May 2004
Posts: 2,370
From: Livermore, Ca
Car Info: WRB STi Hatch, JSW Diesel
what americas tire are you working at? i work at ATC and they are not allowed to let you work more than 8 hrs a day(unless youre a manager) or else they have to pay a fine or some sort for going over hours
Old Aug 1, 2007 | 09:06 PM
  #17  
WRXakaBooSTi's Avatar
Registered User
iTrader: (12)
 
Joined: Apr 2004
Posts: 1,089
From: Bay Area, CA
Car Info: Subaru?
u should be getting over time pay after 40hrs. i believe its 1.5x
Old Aug 1, 2007 | 09:21 PM
  #18  
Hatteroo's Avatar
Registered User
iTrader: (25)
 
Joined: Jan 2005
Posts: 12,777
From: Kansas - BAIC 4 LIFE!
Car Info: 96 Brighton Coupe Swap
Originally Posted by dynamicprojeKtz
what americas tire are you working at? i work at ATC and they are not allowed to let you work more than 8 hrs a day(unless youre a manager) or else they have to pay a fine or some sort for going over hours
Is that company policy or some sort of whacky california labor policy? /not trying to be a smartass here
Old Aug 1, 2007 | 09:34 PM
  #19  
mcowger's Avatar
Registered User
iTrader: (8)
 
Joined: Dec 2004
Posts: 1,737
From: Seattle
Car Info: 2009 A3 2.0T quattro
Originally Posted by maddhatteroo7
Is that company policy or some sort of whacky california labor policy? /not trying to be a smartass here
Thats actually more than just Calif labor laws - thats true in nearly every state for non-exempt workers.
Old Aug 1, 2007 | 09:52 PM
  #20  
Hatteroo's Avatar
Registered User
iTrader: (25)
 
Joined: Jan 2005
Posts: 12,777
From: Kansas - BAIC 4 LIFE!
Car Info: 96 Brighton Coupe Swap
Originally Posted by mcowger
Thats actually more than just Calif labor laws - thats true in nearly every state for non-exempt workers.
I'd like to see some sort of proof of that. I know plenty of people that are hourly and work passed 8hrs and at that time onward are paid overtime wages (Desk job or manual labor of any sort.)

I just don't see the big deal if the person is recieving the adequate wages that are mandated for their hours spent working. Maybe its because I grew up wanting to work, liking to work, and worked longer hours because I wanted to earn that extra cash, but thats just me.


Honestly JRs...just contact the HR person at your company and if that fails, go to the labor board and I'm sure they'd investigate the situation. Most employers also post a big poster in their break room or somewhere on the premises thats visable to all the employees stating the California Labor laws and what the employee is entitled to, so definently take a look at that if you can. Also a little piece of advice...have your facts straight, go in there with your game face, and of course don't let it become a pissing match between you and your boss. Just act accordingly in a professional manner and hopefully everything should be settled in a just manner.
Old Aug 1, 2007 | 09:58 PM
  #21  
flatline's Avatar
Registered User
iTrader: (11)
 
Joined: Apr 2005
Posts: 3,863
From: Land Of The Dead
Car Info: Cage and Slicks and Wing OH MY!!
OK HERE IS THE DEAL..

Anything over 32 hours / week is considered a full time employee.

Any full time employee is eligible for some type of medical benefits.

Any hours after 8/day (up to 40 regular hours) shall be paid in time and a half.

Any hours after 40 Regular hours, shall be paid time and a half.

Any hours after 12/day (up to 40 regular hours) shall be paid double time.

Any hours after 60 regular hours, shall be paid double time.

For one 4 hour shift, you are required by state law to take a 15 minute paid break.

For one 8 hour shift, you are required by state law to take two fifteen minute paid breaks, and ONE 30 minute unpaid lunch.

Minimum wage is now 7.50/hour.



Anything else you need to know?

I know EVERYTHING about this crap, i hated my old employer, i stuck it to him bad.
Old Aug 1, 2007 | 10:00 PM
  #22  
flatline's Avatar
Registered User
iTrader: (11)
 
Joined: Apr 2005
Posts: 3,863
From: Land Of The Dead
Car Info: Cage and Slicks and Wing OH MY!!
But like madhateroo said, suck it up and work, i work 12 hours a day of manual labor, then i come home to work on my house. i sleep around 5 hours a night./

AND NO I AM NOT COMPLAINING> That is my duty as a man, and a husband.

I wasnt blessed with the ability to go to school. So count your blessings.
Old Aug 1, 2007 | 10:00 PM
  #23  
Hatteroo's Avatar
Registered User
iTrader: (25)
 
Joined: Jan 2005
Posts: 12,777
From: Kansas - BAIC 4 LIFE!
Car Info: 96 Brighton Coupe Swap
haha go Eric!

Manning up FTW!
Old Aug 1, 2007 | 10:04 PM
  #24  
JRsWRX's Avatar
Thread Starter
Registered User
iTrader: (9)
 
Joined: Mar 2006
Posts: 1,257
From: Bay Area, Ca
Car Info: 07 STI
Wow flatline, nice info.
FYI I work at the Americas Tire Co. in Mt. View (busiest location in cali) and work from 11-close. We'll close is actually at 6pm, but obviously we have to finish all the cars and clean up before we can leave. And being such a busy location, we are usually there past 7pm. Today for example, we finished at 7:40, and the whole time we stayed on the clock.

Edit* you are required to take two fifteen minute breaks for an 8 hr shift? Wish I knew this earlier lol.
Old Aug 1, 2007 | 10:05 PM
  #25  
GT35 STI's Avatar
Troll
iTrader: (6)
 
Joined: Jan 2006
Posts: 15,877
From: In SoggyNoodles Low Rise Pants
Car Info: 2008 Legacy Spec-B
LOL I had a boss try to work me 8 hours in a day one time... I walked up to him and said, uhhh sir... you scheduled me for 8 hours and I signed up for 4-6... he goes ya, we are short staffed so i figured I could have you work 8 hours a day, I said that's fine... but I'll only be here for 6, after 6 i'm going home. From then on out he worked me for 4-6 depending on what day of the week it was
Old Aug 1, 2007 | 10:11 PM
  #26  
mcowger's Avatar
Registered User
iTrader: (8)
 
Joined: Dec 2004
Posts: 1,737
From: Seattle
Car Info: 2009 A3 2.0T quattro
Originally Posted by maddhatteroo7
I'd like to see some sort of proof of that. I know plenty of people that are hourly and work passed 8hrs and at that time onward are paid overtime wages (Desk job or manual labor of any sort.)
Do you have a job? Your employer is legally required to have a poster explaining all these rights posted somewhere.
Old Aug 1, 2007 | 10:29 PM
  #27  
dynamicprojeKtz's Avatar
Registered User
iTrader: (23)
 
Joined: May 2004
Posts: 2,370
From: Livermore, Ca
Car Info: WRB STi Hatch, JSW Diesel
Originally Posted by JRsWRX

Edit* you are required to take two fifteen minute breaks for an 8 hr shift? Wish I knew this earlier lol.
just a FYI...ATC is the only company i ever worked for that does not give out this information. i have worked there for about 3 years now and i never get 2 15 minute breaks from workin an 8 hour day. i also believe that ATC has been sued for this before...
Old Aug 1, 2007 | 11:04 PM
  #28  
mattsn0w's Avatar
the artist formerly known as mcdrama
iTrader: (23)
 
Joined: Apr 2004
Posts: 6,428
From: Santa Cruz Mountains, CA.
Car Info: WRBP 2015 WRX Premium/CVT
work at starbucks. Pay is probably about the same and more eye candy.


Once you are done with school get used to working 8-10 hours a day minimum.

I would lay it down real simple for the boss. you are available for N number of hours on so and so dates. if s/he is not OK with that, find a different job. If anything they will respect you. If they don't, they are a power tripping ***** and should be punched in the baby maker.
Old Aug 1, 2007 | 11:14 PM
  #29  
RallyWagon's Avatar
Registered User
 
Joined: Oct 2003
Posts: 715
From: SF Bay Area
Car Info: 12 Impreza Wagon, RIP 91 Honda Civic Wagon :(
Originally Posted by flatline
OK HERE IS THE DEAL..

Anything over 32 hours / week is considered a full time employee.

Any full time employee is eligible for some type of medical benefits.

Any hours after 8/day (up to 40 regular hours) shall be paid in time and a half.

Any hours after 40 Regular hours, shall be paid time and a half.

Any hours after 12/day (up to 40 regular hours) shall be paid double time.

Any hours after 60 regular hours, shall be paid double time.

For one 4 hour shift, you are required by state law to take a 15 minute paid break.

For one 8 hour shift, you are required by state law to take two fifteen minute paid breaks, and ONE 30 minute unpaid lunch.

Minimum wage is now 7.50/hour.

Anything else you need to know?

I know EVERYTHING about this crap, i hated my old employer, i stuck it to him bad.

I work as a bookkeeper and also cover HR and Payroll. I can confirm most of the overtime rules that you have quoted, though I have not had experience with hourly people working more than 60 hours in a week. I would have to check the California Labour Law books. (They are at work and I'm at home).

Many companies have a policy of "No overtime", but they are still legally required to pay if a non-exempt employee does sufficient hours to qualify for overtime. Keep very careful track of your hours and, like others have suggested, report the company if need be.

Concerning benefits, there is a legal minimum 30 day wait period for health benefits and many companies push that to 90 days. However those wait periods are extended further if you join a company early in the month. This is because they only count FULL months worked towards your 1 or 3 month wait period.

I do not believe that Paid Time Off is a legal requirement. I think it is up to each individual company, but again I'd have to double check the law books.

As you get older and have more work experience you will find that you can often negotiate slightly different terms than what are stated in the original job ad. Push for Health benefits after 30 days, push for 3 weeks vacation instead of 2 etc. But you need those years of experience first!


Originally Posted by maddhatteroo7
Most employers also post a big poster in their break room or somewhere on the premises thats visable to all the employees stating the California Labor laws and what the employee is entitled to, so definitely take a look at that if you can.

Yes EVERY employer is required by law to put these posters in an area where the staff gather on a regular basis. Kitchen, break room are usual places.


A couple of things none of you have mentioned:

* written Work Contract or Job Offer Letter - stating your hours, your rate of pay, your status - non-exempt (usually hourly) or exempt (usually salaried), if and when your will be eligible for benefits and when they will be available to you.
* Employee Manual / Personnel Manual - this book should be given to each employee upon their hire and it should cover everything about hiring, pay, breaks, time off etc. etc.

I would imagine many companies that just hire part-time staff don't bother with these two items. Sadly too many companies that hire full-time staff don't bother either and then it comes back to bite them.
Old Aug 2, 2007 | 05:01 AM
  #30  
Hatteroo's Avatar
Registered User
iTrader: (25)
 
Joined: Jan 2005
Posts: 12,777
From: Kansas - BAIC 4 LIFE!
Car Info: 96 Brighton Coupe Swap
Originally Posted by mcowger
Do you have a job? Your employer is legally required to have a poster explaining all these rights posted somewhere.
Yes

Originally Posted by maddhatteroo7
Honestly JRs...just contact the HR person at your company and if that fails, go to the labor board and I'm sure they'd investigate the situation. Most employers also post a big poster in their break room or somewhere on the premises thats visable to all the employees stating the California Labor laws and what the employee is entitled to, so definently take a look at that if you can.



All times are GMT -7. The time now is 01:46 PM.