California Labor Law: "Locked in Store like Prisoners"

Gilroy, CA"All I need is an orange uniform with Orchard Supply Hardware (OSH) on my back and a booking number on the front to complete the picture of imprisonment," says Dave, a former corrections officer and now a sales person for OSH. How the tables have turned! Dave says the retailer is also violating the California Labor Law by not paying overtime and retaliating against employees.

Dave has been working for the hardware, garden and home improvement retailer since last November and is becoming increasingly frustrated. "Closing time is an issue," says Dave. "We close the store and clock out then the manager has to go outside to close the merchandise pick-up area; during this time we have to stay inside the store until he returns. Sometimes employees are standing by the door like prisoners for more than 30 minutes.

"The door is locked and we can't get out. Several of us just stand around and technically you can't work after clocking out so there is nothing to do. And one manager is on a power trip: the guy takes his time. Recently, he held three of us in the store while he went outside. He came back into the store and I asked if I could leave now. He said that I had to go with the group but the other two employees were in the cash cage. That night I left at 10.03—I looked at my watch and wrote it down in my notebook. There is no reason why I had to wait for my two co-workers except for this guy's behavior.

We could be working during this time instead of just standing around but they don't want to pay overtime. One assistant manager told me that the manager would adjust our time from when we clock out to the time we actually leave the premises and it would be reflected on our next paycheck. But that has never happened. I haven't done the math on exactly what is owed me but over the last three weeks, I have averaged about 20 minutes per night, one day a week in the store off the clock. It doesn't sound like much but after several months--and for some employees, years--it all adds up.

Every day, I write down the extra time in my personal notebook. If any manager is really doing his job, he knows what time we are leaving; he is holding the door open when we leave. All he has to do is check the schedule, check off our names and adjust the time. But I have never seen anyone standing there with a pencil and paper. Nobody ever questions it because they are afraid of losing their jobs.

I also talked to the lady in payroll. She wants to mention this issue to the boss but if she does, it's curtains for me. One guy I know questioned his hours and the next week he was reprimanded by getting less work. Hours are up right now—business is booming—so there is no reason except for retaliation that he got his hours cut.

This confinement is tantamount to false imprisonment. I used to be in law enforcement: I was a sergeant in corrections and it's like being on the other side—I feel like an inmate! When I complained at my other job, I didn't get promoted so that is another reason why I am afraid of retaliation.

I feel like an idiot standing by the door, waiting to leave. This manager has allegedly had numerous complaints about him from past and current employers because of his "bedside manner". One day he is the nicest guy in the world, the next day he'll announce on the PA at 9.30 pm (when we have clocked out at 9pm) that he is going to inspect every department to make sure everything is 'right'.

It is frustrating and I try not to let this manager affect my work. But if a guy talks to you like you're an asshole and you have to cower down, it makes work a drag. I haven't spoken to this manager because I like my job. I am not willing to go through this by myself unless other co-workers get involved. If you go it alone, you are just asking for trouble; I need legal help."