California Labor Law: "I'm Stuck between a Rock and a Hard Place," Says Bus Driver

Reading, CA "Yesterday I called the California Department of Labor to ask if my employer has violated California Labor Laws and they suggested that I file a complaint with the Labor Board or get an attorney," says Michael (not his real name for fear of retaliation). "They owe me overtime pay, they have falsified my time cards and now I'm working in a hostile work environment."

Michael drives the school bus three hours a day and performs maintenance work for the remaining five hours. He also gets paid a stipend as the school's volleyball, basketball and track coach. But for the past seven years he has also been driving students to and from sports tournaments, a job he should be getting paid for. Michael diligently records the hours he drives to the tournaments on his time card but he says that, instead of getting paid overtime, his hours are "whited out" before getting sent to the payroll department at the Department of Education.

"I know they are whiting out these hours on my time sheet because I looked before it got faxed to the payroll department, and I also have a photograph of it on my phone," Michael says. "When I told the superintendent that I have to be paid overtime for driving, he said that I couldn't get paid to drive and coach because that would be 'double-dipping.' But I didn't think that was true and now the Department of Labor confirmed that not paying me is a violation of the California labor code.

"I get paid a stipend for coaching and I'm fine with that. But I started driving kids to and from the tournaments when I started coaching so they owe me a substantial amount. Unfortunately I'm not in the union because three other classified employees are required to form a union. I called the union's headquarters, however, and asked them if I should be paid to drive. They said it is definitely illegal for them not to pay me.

"As for forging my time card, the California Labor Board said that is also absolutely illegal. But I'm afraid of retaliation: I need my job, so right now, I'm caught between a rock and a hard place??"I am the only breadwinner in the family; I take care of my wife, my mom and my mother-in-law; I even rented my house and moved in with my mother-in-law??"that's not easy.

"And here's yet another California labor law violation: The two people in the school's administration office are already mad at me because I told the auditors that I bought stuff with my own money and turned in the receipts but never got paid. For instance, I bought a lock, varnish and paint from the hardware store and never got reimbursed. Ever since the auditor brought this up with admin, they only talk to me when they have to. So it's got to the point where I feel like I'm working in a hostile environment. I just do my job and come home and try to ignore it.

"If I quit my job I won't be able to collect unemployment without good reason for leaving. If and when I get another job I wouldn't hesitate to leave. In the meantime, I would still like to pursue legally what can be done about getting compensated??"I want to know the process before going ahead. But at the same time I really don't want them to know…I believe getting an attorney rather than filing a claim with the Department of Labor will be my best recourse."