What are the repercussions of an employer not reporting employees working in another state to avoid OT laws in that sate worked in
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What are the repercussions of an employer not reporting employees working in another state to avoid OT laws in that sate worked in
An Employer from NV has his employees work in CA quite often. He has mentioned
that he doesn’t report his employees working in CA. I believe he is avoiding
paying the over time while they were in that state because they often work over
8 or even 10 hours.
This employer also treats his employees with verbal abuse and creates an
inharmonious work environment a lot of the time these employees are fearful, he
uses words like ‘ you guys are fucking stupid’ if a mistake happens and is very
disrespectful which has caused emotional and mental stress on one particular
employee who has PTSD already from his time in the military. It has caused a
great deal of anxiety and has made this employee in fear of his job and at time
in fear of harm. He cannot leave as it has caused him to feel like he is
obligated to stay because he just want to make his boss happy. He feel
controlled by his boss and that he may be retaliated against if he quits his
job.
Asked on March 5, 2017 under Employment Labor Law, Nevada
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If the employer did not pay overtime when he should have, the employees can bring a wage-and-hour complaint to the state (e.g. in this case, California) department of labor; they may be entitled to back overtime, at least to the extent they can prove or substantiate that they worked it.
An employer is allowed, however, to be rude, disrepectful, etc. to employees, to abuse them and create an inharmonious work environment--even if certain employees happen to be particularly sensitive to the abuse. The law simply does not require or enforce professional or courteous conduct. There is no claim or cause of action for this.
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