How to determine if work conditions are unlawful?

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How to determine if work conditions are unlawful?

In the franchise where I work my boss doesn’t pay overtime to the few employees who work over 8 hours a day or over 40 hours a week; most part-time employees receive well under 20 scheduled hours per week; it took my boss 2 weeks to get me seen by a doctor when I was injured at work; there is no state OSHA information posted or available anywhere on the premises; and more.

Asked on November 17, 2011 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should consult with an employment attorney about these issues to see what exactly your rights and recourse are. As a general matter:

1) In most states (CA is the main exception), there is no requirement to pay overtime to employees for working more than 8 hours in a day.

2) However, a nonexempt employee (e.g. every hourly employee) must be paid overtime for working more than 40 hours in a week, and you may have a legal claim for this.

3) There is no law stating how many hours part-time employees must get--it is perfectly legal to schedule fewer than 20 hours.  The franchise's internal policy may be to schedule at least 20 hours, but that is not a legal matter.

4) If you were injured on the job, you may be entitled to worker's compensation, including payment of medical costs; it is not clear however that the employer must be the one to have arranged for the doctor's visit. The employer may have responsibilities in regard to processing the claim, but does not always make the medical appointments.

5) Not all jobs require OSHA postings--for example, most office work does not. Only certain industries or jobs require this sort of safety postings.

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 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.

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