Job salary

Zorymart

New Member
I was hired in this company almost three years ago as a night caregiver. We are two caregivers at night I work 5 days and the other one work 2 days a week. We were getting paid at $82.00 per night. By august of this year our salary was raised at $94.50 a night. All of a sudden two weeks later we received a memo that the caregivers from the night shift was going to get paid, from 94.50 to 72.00 per night. I spoke to the manager and she said she could raise that to 80.00. Because I felt threatened I sing the memo but I find out that the other caregiver didn't sing and she still getting pay 94.50. I'm going to negotiate with my Employer this matter. My question is beside the retroactive money they own me, how much money can I ask for pain and suffering.
 
You can ask but your employer is under no obligation to raise your pay after you agreed to a reduction, let alone do so retroactively. If the other guy was more successful in his negotiations, good for him but that does not impact you. They are not obligated to grant you the same deal. You can ask for anything you like, but do not expect a favorable outcome by asking for "pain and suffering" that did not exist. Reducing your pay per your agreement, or even without it, does not create legally recognizable pain and suffering.
 
Well the issue is more complicated that it seems. Because we were working 8 straight hours without getting paid. I looked into the Dept., of Labor site and they have to compensate us for breaking the law, but not only that they supposed to pay and additional hour because any person that work at night from 10:00 pm to 6:00 am and can't leave the premise supposed to get an additional pay hour. Ok, my question now is should I handle this by myself, find a lawyer or should I take them to the depth of labor. Actually, I was hoping to go to them first and because I'm not involving the Dept. of labor I might get a deal with the other issue as well.
 
Well the issue is more complicated that it seems. Because we were working 8 straight hours without getting paid. I looked into the Dept., of Labor site and they have to compensate us for breaking the law, but not only that they supposed to pay and additional hour because any person that work at night from 10:00 pm to 6:00 am and can't leave the premise supposed to get an additional pay hour. Ok, my question now is should I handle this by myself, find a lawyer or should I take them to the depth of labor. Actually, I was hoping to go to them first and because I'm not involving the Dept. of labor I might get a deal with the other issue as well.

There are many lawyers in your state who are quite capable of rectifying this situation on your behalf.
I wouldn't concern myself with a long term solution, because once you bring the complaint, your continued long term employment becomes jeopardized.
The fact that your employer would seek to bargain you down by a paltry twenty-two bucks a night SCREAMS things aren't right with their fiances.
Your employer probably receives state funds to provide for the care of those unable to hire caregivers directly.
Even if insurance funds are involved, I'm sure the insurers are looking to cut costs where they can.
So, the biggest cost in your business is paying people to do the work.

If I were you, I'd at least discuss this with a couple labor lawyers, see what you learn, then decide how to proceed.
 
Ok thanks you for your help!!!!

When you find the right lawyer, you'l know it. How? because the lawyer will tell you how much money you could walk away with.
I'm only guessing here, but I know CA is very tough on those who violate their labor laws.
The labor laws in CA are very tough, but fair.
Dude, you could be looking at a five ($XX,XXX) or even six figure ($XXX,XXX) payday with the help of the RIGHT CA labor lawyer or better yet, CA law firm.
I wish you good luck.

One last suggestion: Until you know more, say nothing to anyone about what you've learned and will soon learn.
Just smile and keep doing a great job.

Don't tip your hand, don't say anything about any of this, and if you have and people ask, simply say, "Oh that, I'm so over that. I'm just happy to have this great job and the security it offers for me and my family. I like helping my patients, that's the best thing anyone can do, help others in need."
 
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There are some exceptions to the rule which might apply given your profession, workplace, and industry. http://www.dir.ca.gov/IWC/WageOrder5_010102.html If in doubt, call the DLSE and ask how they apply to your circumstances.

File a claim with the DLSE first. It is free. A lawyer is going to eat into your recovery. Your state's website is terrible and not user friendly but you can find all you need to file a claim here http://www.dir.ca.gov/dlse/Policies.htm
 
Ok thanks that's what I'm afraid off, a lawyer that might take some money from my employer and leave me without nothing.


The lawyer won't take YOUR money.
He or she will easily obtain their own cut, but not to your detriment.
It'll also be quicker.
But, go talk to a couple, hear what they can do (or what can't be done).
The initial consultation is without cost or obligation.
You will learn much more in person than you can acquire on an Internet forum.

The reason smart employees retain an attorney because even if you win round one before the commission (which isn't that hard); round two can land you in superior court.

The employer WILL have an attorney representing their interests, appealing your claim, getting it over turned.

You should have one, too. Free stuff is worth what you paid to get the free stuff.


http://www.rutan.com/pubs/xpqPublicationDetail.aspx?xpST=PubDetail&pub=1654


http://www.avvo.com/legal-guides/ugc/the-california-wage-claim-process
 
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Generally employees start by filing a claim/complaint with the Ca. DLSE. However, you are certainly free to run your situation by a lawyer or two. Good luck.
 
From 82.00 t0 94.50 to 80.00 believe it or not. Why, because of gossip. Where I work the administrator is from one country and so everybody that work there, except me and my other co- worker. This person from this country stared complaining because they said that we were getting paid the same as they did and our job were more easy that theirs. And because I took 3 different times of leave or vacation. The first one was vacation the other one because my mother was dinged and the doctor told my sister back home that we needed to fly to the country before she die. Fortunate she recover and she is stable. And the other one was personal leave. I follow the instructions to fill a paper one month before. Of course I couldn't do that with my mother emergency. Following after this we received the memo of our salary. The funny thing is that my daytime co- workers take 2 to 3 months in their country and nobody says anything. I took approx. 15 to 20 days during those three times absents. I actually got sick after all of this happened, I thought that it was because working in the night was affecting me, but they performed all kinds of test on me and they were neg. I realize that my symptoms were more sociological for what has happened to my pay. The other thing is that my night co- worker still in the same pay is because of an accident that happen long time ago where one of the day time caregiver was hitting a lady she informed it to the administrator and she didn't fired the person she just move him from one house to another.
 
Paying the night shift less because of reduced responsibilities is entirely legal. It is not uncommon to do this. I don't see how your vacations have any part in this either.
 
Did you look at the link I posted? It sounds like you might fall into the exception for that rule. Or, call the DLSE and ask. You have no recourse over the reduced pay. That is legal. The only thing you might have a claim for the lost breaks and for your industry and role there is an exemption.
 
Yes I did long time ago, the rule said that if you work in a facility from 10 pm to 6 am and you can not leave the facility even if they give you a 1/2 hour time brake they have to pay you one hour more.
 
Yes I did long time ago, the rule said that if you work in a facility from 10 pm to 6 am and you can not leave the facility even if they give you a 1/2 hour time brake they have to pay you one hour more.

You need to hire a lawyer to do this for you, or contact the DLSE (using the links we've provided above).
We get it.
It's complex for sure.
Nothing we cando, other than offer a couple of suggestions.
The rest is up to you.
If I were you, I'd leave out any mention of country of origin, creed, nationality, religion, race, gender, or sexual preference. That type of talk or comparison is rarely helpful, because its often untrue, unsubstantiated, and shows potential bias on the part of the person making such utterances.
 
If you believe you weren't paid correctly, then do as we noted & file a claim/complaint with the Ca. DLSE or talk to a lawyer. There is nothing we can do for you. Good luck.
 
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