California Labor Law Violations Costly for Employers

Sacramento, CABlanco A. says the Labor Commissioner is penalizing his former employer $130.80 per day until the company reimburses him for its California labor law violations, including unpaid overtime, missed meal and rest periods. "I need to present certain documents at my hearing," says Blanco, "but my former employer's attorney said, 'Have your attorney communicate with us, and then we will turn over all the documents you need.' I believe it's a stall tactic, hoping I will just go away."

Blanco says his former employer, the San Diego Home Loan Counseling and Education Center, violated several California labor law violations. He says he was also wrongfully dismissed, although in California, employees are presumed to be "at will," meaning they be terminated for any reason, so long as it's not illegal. Typically, employees that work under an employment contract can only be terminated for reasons specified in the contract.

"My executive director fired me one day before my 90-day probation period ended," says Blanco. "In the last six months, nine more people were terminated just before they reached their 90-day probation period. I believe all 10 of us were fired because the company has to pay medical benefits after 90 days and this way she is saving money; she utilizes people to provide services in order for the company to bring in revenue and once revenue is accomplished, the individual is fired. And I have the names of everyone who was fired…"

According to the Labor Commission of the State of California, Blanco is owed $7,946.45 by the San Diego Home Loan Counseling and Education Center, a non-profit agency run by the state and HUD and partially funded by the federal government and private agencies. Along with the daily penalty the agency is racking up, Blanco says they owe him 70 hours of overtime (time and a half) at $24.53 per hour. "The Labor Commissioner is also charging them for 38 days of meal periods (I seldom had a lunch break) and 48 days of rest periods."

Currently, Blanco is dealing with The Department of Labor's small claims court in San Diego County. He has an "hours and wages" hearing scheduled in three months. "The Deputy Labor Commissioner told me to communicate with my former employer and ask for all the documentation I need," says Blanco. "So far they have failed to provide me with anything.

"I was terminated in October, 2008. Since that time I have requested my time sheets, case comments and data tracking for clients (I am legally allowed to have this information because I can show the hearing how many families/clients I served). Meanwhile, the agency has to pay a penalty $130.80 each day, until my hearing."