Part of my job entailed calling substitute teachers in the morning, before my work day started, I was not paid for any of the extra work over the past 7 years 45-60 minutes a day. What can I do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Part of my job entailed calling substitute teachers in the morning, before my work day started, I was not paid for any of the extra work over the past 7 years 45-60 minutes a day. What can I do?
Work at private school in West LA, CA
For about 45-60 minutes each morning for the past 7 years, before the start of
work, I was to check a voicemail line and call in any subs as needed.
I was never paid for any extra time.
When I brought this to their attention, I was told I could leave early on Fridays,
but that never came to fruition, and impossible to work out for my schedule.
Recently gave my notice, want to be compensated for my time.
Asked on April 12, 2016 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you were a salaried employee, you would not be entitled to any additional compenstion for the extra time: your weekly salary is the total or full compensation you get for all the work you do each week.
If you were hourly, you should have been paid for that time since it was work, even if done before the nominal start of work hours. (Regardless of when performed, hourly employees must be paid for all work done.) If you were not paid for it, you could file a wage claim with the state department of labor and/or file a lawsuit for the money. (Speak with the state first; they will advise if you can or should sue on your own, or if instead they can help you.) You can only claim unpaid wages back three years in your state. If you worked any extra, say, 4 hours a week (a bit less than 1 hour/day) for, say, 40 weeks per year, that would be up to 160 hours per year, or around 480 hours total, for which you might receive compensation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.