Part-Time labor laws?
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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.
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.
Is this your first job or something?
Everything regarding the non-exempt status hourly rules by flatline is true. I wish more of our employees knew those rules. The only thing I would add is that you are required by CA law to take a 30 minute unpaid lunch (this may be waived in some cases ONLY if you sign a waiver) after working 5 hours straight, or all work is completed within 6 hours. So if you get to work at 11, then you have to have a lunch around 4.
http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
Re: your overtime... The best way for you to call out your manager on it is to start taking notes: Write down when you get into work, when your breaks are, when you take lunch, and when you leave... Do this religiously for at least 1 month if you want to get reimbursement for it. Then speak with your ER (employee relations) person or any HR generalist at your local office and ask to see the employee handbook (it will usually define all of the rules for your position). You can contact them through their directory on their website or by simply calling your regional office.
You are also entitled to see the job description as well. Remember, CA is an at will employer state (which means basically can mean anything), so it may raise a red flag up. Oh well. That's what the notes are for.
If after one month, this continues to happen, simply file a wage claim with the CA DOL. Instructions and forms are here: http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
It's great that many of you know the rules... The more you know, the better off you are.
Re: Benefits, it's up to the company's benefit policy to determine when you are eligible. 1st of the month after your DOH (date of hire) is normal, as are waiting periods of up yo 6 months. There is no rule, unless you work in a restaurant in SF or work in MA, that forces an employer to give you benefits.
It never hurts to ask about them, though. I work as an HR analyst, so feel free to ask. Most of my work is centered around HCM and comp structures, but I have very good resources at my fingertips if any of you need them...
http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
Re: your overtime... The best way for you to call out your manager on it is to start taking notes: Write down when you get into work, when your breaks are, when you take lunch, and when you leave... Do this religiously for at least 1 month if you want to get reimbursement for it. Then speak with your ER (employee relations) person or any HR generalist at your local office and ask to see the employee handbook (it will usually define all of the rules for your position). You can contact them through their directory on their website or by simply calling your regional office.
You are also entitled to see the job description as well. Remember, CA is an at will employer state (which means basically can mean anything), so it may raise a red flag up. Oh well. That's what the notes are for.
If after one month, this continues to happen, simply file a wage claim with the CA DOL. Instructions and forms are here: http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
It's great that many of you know the rules... The more you know, the better off you are.
Re: Benefits, it's up to the company's benefit policy to determine when you are eligible. 1st of the month after your DOH (date of hire) is normal, as are waiting periods of up yo 6 months. There is no rule, unless you work in a restaurant in SF or work in MA, that forces an employer to give you benefits.
It never hurts to ask about them, though. I work as an HR analyst, so feel free to ask. Most of my work is centered around HCM and comp structures, but I have very good resources at my fingertips if any of you need them...
This is so F'n sad, get this kid a tissue. Mommy cut the apron strings, now you need to get off your lazy *** and do something. Go to the gym and spend time with friends, WTF are you. 12? R U going to go play on the playground, swings, jungle gym. What's the deal folks bought you a car for graduating HS now your responsible for insurance. F'n sad... Buck up, life only gets harder. Instead of crying to your boss about working full time when your supposed to be part time, tell him you'd like to go full time and start making something of your life because so far it's been pretty sorry.
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This is so F'n sad, get this kid a tissue. Mommy cut the apron strings, now you need to get off your lazy *** and do something. Go to the gym and spend time with friends, WTF are you. 12? R U going to go play on the playground, swings, jungle gym. What's the deal folks bought you a car for graduating HS now your responsible for insurance. F'n sad... Buck up, life only gets harder. Instead of crying to your boss about working full time when your supposed to be part time, tell him you'd like to go full time and start making something of your life because so far it's been pretty sorry.
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This is so F'n sad, get this kid a tissue. Mommy cut the apron strings, now you need to get off your lazy *** and do something. Go to the gym and spend time with friends, WTF are you. 12? R U going to go play on the playground, swings, jungle gym. What's the deal folks bought you a car for graduating HS now your responsible for insurance. F'n sad... Buck up, life only gets harder. Instead of crying to your boss about working full time when your supposed to be part time, tell him you'd like to go full time and start making something of your life because so far it's been pretty sorry.
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This is so F'n sad, get this kid a tissue. Mommy cut the apron strings, now you need to get off your lazy *** and do something. Go to the gym and spend time with friends, WTF are you. 12? R U going to go play on the playground, swings, jungle gym. What's the deal folks bought you a car for graduating HS now your responsible for insurance. F'n sad... Buck up, life only gets harder. Instead of crying to your boss about working full time when your supposed to be part time, tell him you'd like to go full time and start making something of your life because so far it's been pretty sorry.
:RockOn - not mine:
This is so F'n sad, get this kid a tissue. Mommy cut the apron strings, now you need to get off your lazy *** and do something. Go to the gym and spend time with friends, WTF are you. 12? R U going to go play on the playground, swings, jungle gym. What's the deal folks bought you a car for graduating HS now your responsible for insurance. F'n sad... Buck up, life only gets harder. Instead of crying to your boss about working full time when your supposed to be part time, tell him you'd like to go full time and start making something of your life because so far it's been pretty sorry.
Another thing to check... If you stay and they don't ask you to stay, you are volunteering your time. You are eligible for OT at that job if they ask you to stay beyond your scheduled time. As far as I know there isn't a work order that covers tire monkeys from OT. Ask for a written schedule of your work times and stick to that, if they don't ask you to stay then you won't get overtime as it is pretty easily disputed. I work HR as well, and I agree with the non-exempt CA labor laws that were posted. Benefits are all up to the employer, wait time is determined usually by the provider first and the employer second. Kaiser makes me wait 3 months before an employee is eligible but we have moved the hire date back for special cases. Full-time and/or Part-time is up to the employer, it has nothing to do with the fact that you worked 40+ in two to three weeks. If they hire you on as Full-time, and they don't give you enough hours then you have an argument. If they hire you on as part-time, they can do whatever they want with your schedule as long as you agree to it. If you don't have any of this info in writing, you are a dumbass and your work is taking advantage of that.
Last edited by Frestall; Aug 2, 2007 at 11:55 AM.
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