Oakland, CAJames has been working for an automotive retail company since 1981—a loyal, hard-working employee. He deserves better than a cut in pay and other screw-ups with his wages due to his employer violating the California labor law.
The troubles started in 1995 when James, then a manager, was told that the store didn't generate enough sales to cover his salary so he either took a 13 percent pay cut, or quit. So he stayed.
In 2001, a class action lawsuit was filed against the company. Managers had been mis-classified as exempt: the work they were doing was not in a supervisory capacity. All salaried managers were paid time-and-a-half overtime that exceeded 40 hours and they all became hourly employees. But James worked about 50 hours a week, for years: he didn't receive any back pay.
"In retrospect, I wish I had hired a lawyer and filed an individual lawsuit against the company," says James. "A lot of those managers in the suit weren't in the same position as me--they didn't have to work so much overtime. I never talked to the lawyers about getting any back pay; I never had a chance to talk in person or even on the phone.
After the lawsuit my hourly rate was $18.72 per hour based on a 40-hour week, plus four hours overtime. I figure that my hourly rate of $18.72 should have been advanced by now due to the cost of living. Instead, it was reduced because sales are slow. Currently my pay is $16.37 per hour and I have a family to support—I have three kids.
My co-workers are either ex-co-workers or just as frustrated as me. Some of them quit after the pay cut and the ones who are left are getting messed around like me. I just continued working. As if that wasn't a kick in the pants, here is another "issue".
A new kind of pay system was installed, called E-Time. I am entitled to six weeks vacation pay per year but since this new system was introduced, it isn't appearing on my pay stubs. I have talked with my District manager and payroll. Their answer: that is E-Time--which is no answer at all.
This is what happened. On August 8, 2007 I did a physical inventory for another store and I waited three pay periods—I didn't get paid for the job. Instead they took it from sick leave, again no reason was given.
I'm looking at a few of my pay stubs: on June 20, 2008, under 'other benefits and information': I have a sick balance of 863 hours and the pay stub on July 18, 2008 indicates sick balance of 426 hours. I took zero hours of sick leave during that time.
As for my vacation balance during the same pay periods, it starts at 158 hours and drops to 91 hours. But I didn't take a vacation. Again, blame it on E-Time. But what about my time? I've brought this up with my supervisor but again, she just says it is E-Time. That is not a real answer!
I tried to file a complaint with the Fair Employment Practices in Oakland but I was told my case is too extreme and I would have to get a personal lawyer. In other words, they didn't want to handle it. I don't have the power to dispute these ongoing payroll indiscretions—I have multiple complaints and just want some answers."