California Labor Laws: Getting Burnt in the California Sun

Oakland, CAYour Auntie Anne would not be pleased that the chain of pretzel stores bearing her name have been found to be in violation of California Labor Laws.

Of course, your own Auntie Anne may have nothing to do with the Auntie Anne pretzel stores dotted throughout Southern California. But her hackles would surely be raised at the thought of 14 and 15-year-old employees being taken advantage of in spite of rigid California labor statutes governing how employees, and in this case minors, are treated.

In a ruling handed down July 30th the U.S. Department of Labor's Wage and Hours Division slapped the wrists of Pretzel King LLC, the parent company of Auntie Anne, to the tune of $51,500 for various violations of the youth employment provisions of the Fair Labor Standards Act. Among the unfair and patently dangerous practices, youths aged 14 and 15 were allowed to bake (which is prohibited for that age group), work longer shifts over and above allowable limits, and operate freight elevators, dough mixers and trash compactors - a practise strictly prohibited for minors under the age of 18.

Labor laws in the state of California actually represent an enhancement of statutes that exist at the federal level, all to protect employees from being taken advantage of by a greedy, insensitive, or downright unscrupulous employer. Everything from the number of hours worked in a day, to the point at which overtime pay kicks in, meal and rest breaks, and discrimination of various types.

The latter can run the gamut from religious discrimination, to age bias - and a healthier workforce often means more people are wanting, or needing to work longer than the traditional age of retirement. As the state of California has a high percentage of immigrant workers, it's not surprising that religious discrimination is one of the highest-reported types of harassment, next to pregnancy discrimination.

Overtime is a particularly sharp thorn in the state - especially in view of the proliferation of high-tech hardware and software companies that swell through the Silicon Valley. Computer programmers earning above a certain level ($47.81 per hour) are exempt from the normal state overtime regulations, as well as commissioned personnel.

However, employers have been found to flaunt those exemptions to their own advantage, incorrectly or unfairly classifying employees to fall within the exemption guidelines.

Employees have been known to work long hours and not claim overtime, as they were working under the false pretence that they didn't qualify for it. Others have been harassed, or even fired for claiming overtime, or pressing their right to collect it.

Computer programmers, especially in start-up environments, are routinely encouraged to 'take one for the team' and press on into the night to complete a project on time, or to work out a software bug. A new employee might be unwilling to push his employer for fear of reprisal, while a veteran might be made to feel that meal and rest breaks, and overtime claims - while a legislated right - may be translated the wrong way by a competitive employer eager to mitigate costs and maximize output.

And it doesn't help when the State itself sends out mixed signals.

Last week the state Labor Commissioner's office announced plans to re-open debate over legislated rest and meal breaks. The California Labor Federation (CLF), in a release dated August 2nd, hints at the déjà vu of two years ago when the Schwarzenegger administration ("I'll be back!") attempted to 'sneak in' an emergency measure just prior to the Christmas holidays that would have done away with the requirement for meal breaks and rest periods.

That attempt was set aside when the organized labor community fought back, and the CLF is hoping for a similar outcome this time - not only in an effort to protect worker's rights - but also to safeguard health and safety in the workplace. Tired, or under-nourished employees can make costly mistakes that sometimes have tragic consequences.

Little wonder that unscrupulous employers, picking up on the vibe from the state's own Labor Commissioner, would be attempting to do an end run around California Labor statutes in the treatment of their employees, conveniently forgetting that the employer/employee relationship is just that - a relationship, that must have fairness on both sides for that relationship to work. The most successful companies are those where both sides feel valued, and have respect for one another.

While the California Labor Commissioner's Office may be willing to stick its toe in the well and test the waters a second time, the fact remains there is a complete basket of laws in place to protect workers from discrimination, harassment and unfairness.

You can bet that an employer is not going to call in a violation against itself. The employee has to pull the trigger.

The regulations are there for that very reason - but are wasted on the wronged employee who feels compelled to take the abuse, or simply turn and walk the other way.