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(c) However, when employees are covered by a collective bargaining agreement that provides different pay arrangements, those arrangements shall apply to the covered employees.
Slow down cause you could be walking into a big mistake.
The Law which the Dept of Labor goes by, gives the employer until the date they post for employees or the statutory date set by the code. The date used in a labor contract that is shorter than the posted date or statutory date is not a matter for the CA Dept of Labor, that's an internal Union issue to be resolved.
So:
If you file a labor complaint over unpaid wages based on the date the Union contract says you will be paid, that complaint will be rejected because the state goes by the company posted pay date or the statutory pay date, whichever comes first. The Union date, (if before the posted pay date or statutory pay date) is not yet a violation of state labor law.
If you failed to report to work as scheduled based on not being paid on the date the Union contract stated and filed for unemployment benefits under Just Cause Quit, your claim would be denied if the Union contract pay date is before the posted pay date or statutory pay date because until those dates arrive, it's an internal union grievance matter, not a violation of regulations that constitutes Just Cause in a quit. Same goes if the employer terminates you over failing to report.
Slow down cause you could be walking into a big mistake.
The Law which the Dept of Labor goes by, gives the employer until the date they post for employees or the statutory date set by the code. The date used in a labor contract that is shorter than the posted date or statutory date is not a matter for the CA Dept of Labor, that's an internal Union issue to be resolved.
So:
If you file a labor complaint over unpaid wages based on the date the Union contract says you will be paid, that complaint will be rejected because the state goes by the company posted pay date or the statutory pay date, whichever comes first. The Union date, (if before the posted pay date or statutory pay date) is not yet a violation of state labor law.
If you failed to report to work as scheduled based on not being paid on the date the Union contract stated and filed for unemployment benefits under Just Cause Quit, your claim would be denied if the Union contract pay date is before the posted pay date or statutory pay date because until those dates arrive, it's an internal union grievance matter, not a violation of regulations that constitutes Just Cause in a quit. Same goes if the employer terminates you over failing to report.
Wonderful information. Thank you Rabrrita. I don't feel I am at risk for termination. I am the only person who actually works in my section, ,the others even leave going to their cars to nap during the day. Probably not so easy to fire someone.
I failed to report to work telling them I will be back when I am paid.
I reported the HR Manager to Corporate. That's all I've done. I would just apply for a job at another store, I need to do that today, in fact. Unemployment Benefits are not in the cards for me, We need the Medical Benefits.
If they are going to pay the missed hours on the next check, I would be happy at that. it would be a lot to expect a check for 8 hours or whatever, the payroll department would have to do a special run.
Is this a franchise? How are your co workers getting paid, is everyone having a problem or just you?
I work for the third largest chain Grocery Store. I have 3 notices which read the employer doesn't have enough $ to cover the check so they are granting me a credit of 50% or whatever it was. It happened 6x this year but we only kept 3 notices.
This time my check was shorted a days wages. I asked to be paid cash or check and was told no. The reason it is so disconcerting is it happens so often at work. It's a round robin, it will happen to you. So there are no mechanisms in place to pay me.
We are paid every Thursday so I told them once they pay up, I will be back to work. My husband is worried they will fire me. It's ridiculous. I called Corporate and was told I had 25.75 hrs yet I was paid 19.23. When the hiring manager gets mad, she chooses you that week. It's just a fact so I don't take it personal. She swears at work, gets personal talking about everyone, she moved up her husband in the meat dept despite someone who works in there with more seniority who is excellent and a hard worker, he was passed up for her husband. He's not very good, I constantly am called to the Meat Dept because he messes up. I have to give him the returned meat he screwed up on.
I stated she had ghosted me to someone then realized that I shouldn't have said it and I would be next.
So I ordered the contract from the Union that very week, assuming that would get back to her. I am so sick of her gossip and swearing.
I already reported it to the union and he left a message just saying to let her know I contacted him and I need to get paid. Seems they should start paying back pay? Anyhow what happens if they fire me. What do I do? Report them to DOJ? It took me a few hrs to call the employee hotline to report her and to call the Union. To get into my online schedule to even see my schedule, they for months have refused to get me in there.
I am probably going to apply for a job at the other grocery store in town. I need to do that this week. Even if they pay less, it would be a better atmosphere. Thank you for any legal advice. I like my hours and pay, that's the #1 perk.
Edited to add: It reads I can file a wage claim but need to send a written notice first. I will go to work on Thursday and if I get my check fine, show up Fri. I told the manager that day that if I am unpaid, I will not be able to return to my next shift in 2 days (which was today)
You are in the State of California. Being there, you HAVE PROTECTIONS AGAINST THIS.
California takes a VERY DIM VIEW of employers that can't/don't pay their employees, in a timely fashion.
Calif Division of Labor is going to be the entity to contact.
If they are going to pay the missed hours on the next check, I would be happy at that. it would be a lot to expect a check for 8 hours or whatever, the payroll department would have to do a special run.
Is this a franchise? How are your co workers getting paid, is everyone having a problem or just you?
Everyone has this problem, t's a round robin. Mostly those that HR dislikes at that moment.
I will just accept the check and go back to work. I'll apply other places too. My job is done, I've reported her.
Like I said, she is a Store Mgr who moved up her husband in the Meat Dept to Manager. The guy in there had
more seniority and people really like him, he applied and didn't get the job so he quit.
She swears and eggs on gossping. Once sided with a co worker who started screaming at another co worker in front of customers. This person should've been talked to, not praised. It's an interesting work environment.
The day I was paid I requested payment. She said call Corporate Payroll so I did, no way to get a check re-issued. I would have no problem it being on my next check but that is how they scr*w you.. it is never ending...next check is always wrong too.
Each time I am shorted, I will just stop coming to work until the next payday. Or until they fix it. No grace for her games.
Everyone has this problem, t's a round robin. Mostly those that HR dislikes at that moment.
I will just accept the check and go back to work. I'll apply other places too. My job is done, I've reported her.
Like I said, she is a Store Mgr who moved up her husband in the Meat Dept to Manager. The guy in there had
more seniority and people really like him, he applied and didn't get the job so he quit.
She swears and eggs on gossping. Once sided with a co worker who started screaming at another co worker in front of customers. This person should've been talked to, not praised. It's an interesting work environment.
The day I was paid I requested payment. She said call Corporate Payroll so I did, no way to get a check re-issued. I would have no problem it being on my next check but that is how they scr*w you.. it is never ending...next check is always wrong too.
Each time I am shorted, I w Or until they fix it. No grace for her games.
If you can afford to take a week off work, several times a month, you might not need the job for $$. Plus if you keep taking off unauthorized time, you will probably get fired.
Our new Store Manager whom I've not even had a conversation with yet beyond hello how are you just called.
She informed me they do not owe me any $. That the Payroll Mgr never messed with my check. That is BS
Another Manager who is on leave told me it happened to her and that the Payroll Mgr knows how to go in and
over-ride it. Anyhow my phone cut off, she kept interrupting saying it wasn't true so I promised we'd talk tomorrow. I hate my Sattelite phone when important calls come in.
I am going to report them to the Dept of Labor. Here is a pic of one of my Notice of Holds
It is too big to upload on this site so uploaded it at a free site, cut and paste--> https://ibb.co/Xz9m8CD
I have 7 of these NOTICE OF HOLD Bank letters since starting the job Mid January
Our bank is very close but often I cannot cash this check for obvious reasons so have to wait
It's a corporate grocery store, no owners.
I am going to apply for a job at the neighboring grocery store
Thanks everyone for taking your time to help me
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