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Can my employer force me to do odd jobs here and there without pay?
Anonymous3 views3 answers
My employer is always asking me to do small odd jobs here and there like washing the company truck, and take it to someone across town. Can my employer tell me to do these things without pay? Also they take money out of my check for company vehicle use but then require me here recently to drive my personal vehicle to work 2 times a month. Can the still take money out of check for company vehicle use for those days?
I have a different take on this from the answers you've already received. If the odd jobs are related to the employer and are tasks the employer would normally have to pay an employee to perform, you cannot "volunteer" to do these jobs as a matter of law. If the employer knows you are doing the work -- even if you are not technically required to do the work -- then the employer must pay you for it. An employer and an individual are not permitted to agree to avoid the requirements of the Labor Code, including the requirement that employers pay employees for all time worked.
I suggest you keep a log of all the work you perform, including the dates, the work you did, and the exact start and end times of each job. You will need this log in the future to bolster your claim for unpaid wages.
Regarding the company vehicle situation: Are you saying the employer requires you to drive its vehicle to and from work, and requires you to pay for the use of the vehicle? If so, this is also against California law. This situation would be so outside the law that I feel I must be misunderstanding what you are saying. Please clarify. But certainly, an employer cannot charge you for using something you are not using, even if just twice per month.
As mentioned, if you complain to your employer that you are not being paid properly or if you file a claim, the employer may retaliate against you by firing you, demoting you, or making your life so miserable that you quit. This would be illegal, but the Labor Code cannot prevent an employer from breaking the law. All it can do is provide a remedy in the event an employer does break the law. In the interim, you may be out of a job.
Your situation is complicated enough and requires some strategic planning, as there are deadlines by which you have to file claims for unpaid wages or inappropriate deductions from wages. I urge you to consult with one or more experienced employment law attorneys with whom you can discuss the details of your employment to see what options you have. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area.
I hope you can resolve your situation and wish you the best.
____________________________________________
Marilynn Mika Spencer
The Spencer Law Firm
2727 Camino del Rio South, Suite 140
San Diego, CA 92108
(619) 233-1313 telephone // (619) 296-1313 facsimile
[email protected]
Michael has provided sound advice. If you are in any way retaliated against for saying no, you will not work for free, you may have a claim for retaliation for engaging in protected conduct. If the retaliation results in a loss of pay, or worse, loss of your job, you might have a case against your employer. If that happens, consult with an employment law attorney right away.
Good luck to you.
Is your employer asking you or telling you? If the odd jobs are required or expected of you, as a part of your employment, you should be paid for the time you are providing services for your employer, assuming you are an exempt (hourly) employee. But if he is simply asking you to do him a personal favor, which you are free to say no to, then you probably should not be paid, unless you have a separate agreement with him to be compensated. I realize there may be a fine line between the two, but this is a discussion you should be having with your boss. If he is not willing to pay you for your time, you should have the right to say no.