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California Labor Law: Different Rules for Different Employees

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Palm Springs, CAIt is bad enough for employers to violate California labor laws, but those who have different standards for their employees are particularly awful. There are employers out there who give preferential treatment to some of their employees, forcing others to work double or triple time to make up for the discrepancy. Meanwhile, the employees try to determine whether or not they can file a complaint against their employer for violating California State labor law.

Meteorologist WorkingRachelle F. (not her real name) is fed up with her employer. Rachelle is a meteorologist who works on-air in the mornings. Her counterpart, Frank (not his real name) is a male who works the evening shifts on-air and has the title of Chief Meteorologist on staff—this despite his never having studied meteorology. Rachelle says he is also paid more money than she is, even though she has been to school and graduated from a meteorology program.

That in itself would be difficult for anyone to take. But Rachelle recently requested Christmas off so she could spend time with her husband and 3 children. Of course, Frank also requested Christmas off. Rachelle was told that she will have to cover his shifts during that week and someone else will cover hers—essentially meaning that Rachelle will spend Christmas Day evening at work.

"We have paid holidays," Rachelle says. "If you work the holiday, you get a comp day. I have worked every holiday this year. He hasn't. I have only requested Christmas off. I have three children; he has a wife and no children. Someone will work for me but they don't have anyone to work for him, so I have to work for him that night.

"They [the employers] gave us a questionnaire asking which holidays we would prefer off: Thanksgiving, Christmas or New Years. The thing is, he was already given Thanksgiving off and now he will have Christmas off while I will be working both. They call it equitable because I will work his shifts for 3 nights that week and someone will work mine.

"My employer lost a weekend person, who left in August, and since then I've worked weekends without extra pay because I'm exempt. In fairness, he has worked extra too, but his schedule has not changed. I work Monday to Friday from 4:00 am on, but on Saturdays, I have to work nights. He works nights all week and then works nights on Sunday as well. His schedule doesn't change.

"It's not just me that this happens to. They have a history of not treating employees very well. I am so fried. I'm exhausted because I work too many hours. In my time here [5 years] I've only called in sick once. I don't take time off. As of August I had 160 hours of vacation time, but I stopped accruing it because no one wanted to work the mornings for me. They didn't even tell me right away that I was no longer accruing vacation time.

"They left it up to me to figure out how I could get some time off, so I suggested that a reporter be trained on the weather to fill in and she is picking it up. She offered to work Christmas morning but I'm still working that night. When the weekend girl quit I worked 12 days straight and I didn't get any compensation for having worked it because I'm exempt.

"Is anybody hiring? I'm kind of feisty because I think I can change the world—I think I can change people's minds—but obviously, I can't. I don't think my employers will ever change."

READ ABOUT CALIFORNIA LABOR LAW LAWSUITS

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