So, I just started a new job as a barista at this small coffee shop. I live in California, for reference to laws/labor codes there.
The interview and the contract seemed fine, but on my very first shift (which was last week), I was told some things that didn't sit right with me. As I was told in the interview, we're required to show up 15 minutes prior to each shift, which was fine by me, but when I asked to clock in as soon as I showed up, I was told not to clock in until after those 15 minutes had passed, because “we're not paid for those 15 minutes.” As it was my first day and the person telling me this was just a coworker and not the owner or manager, I noted it quietly and didn't fight anything just yet. I later asked when I could take my 10 minute break (as my shift was 5 hours) and I was told that we don't get breaks because “our breaks are when there are no customers, but we still have to be in the front.”
It's my understanding that in the state of CA, any tasks I am asked to complete for my place of employment are to be paid, and it is illegal to not compensate me for any time I put into my work. It is also my understanding that in the state of CA, anybody working a shift over 4 hours is entitled to a 10 minute uninterrupted break (uninterrupted meaning I cannot be asked to perform any tasks of the job).
Before I went in for my second shift, I texted the manager and asked about both of these things. He *kind of* told me that I could clock in for those 15 minutes and that I could take a 10, but he worded it more like, “We're not too uptight about enforcing those rules, so you can clock in and hang out in the back whenever we're not asking you to do something.”
Today was my second shift and I had it with the same coworker I had my first shift with. I told her about my message to the manager and she told me that she agreed, and that many previous and current employees have brought these issues up to the owners and have seen no progress. She also told me some sickening stories about them refusing to give written evidence of being fired, so they couldn't file for unemployment upon termination. She clarified that even if I clock in for the first 15 minutes before my shift (which, again, I'm required to provide), it doesn't matter because we're paid through cash or Zelle so clocking in/out doesn't directly affect our payment. The owner pays us directly and calculates the hours herself, so anything she doesn't want to pay us for, she won't.
Near the end of this second shift, the owner came in and talked to me about the message I sent the manager (who is a different person, to be clear, which means the manager contacted the owner about the message I sent him either the same or the next day). She only talked to me about the 10 minute break issue and not the clocking in/out issue. She told me that “the nature of the job doesn't allow for a 10 minute uninterrupted break” and her business “puts teamwork over legality.” Obviously… pretty suspicious. I pointed out that my main concern was not my ability to perform the tasks of the job, but to make sure my legal rights are being protected, to which she replied that the labor code I was referencing said the 10 minute break “depended on the type of job.” I told her I'd look into it further and let her know how I felt about continuing in the position as soon as I could.
So, what do I do? I plan on continuing to look for jobs and leaving this one as soon as I get hired somewhere else, but I also don't want to just leave the workers here in the dust. The coworker told me that she's been trying to find another job for over a year, but hasn't quit and hasn't reported anything because she can't find another job and she can't lose her only source of income. I'd like to report this place and get something done about it, but there's no written evidence of any violations or issues in emails, texts, or anywhere in the contract. The case would be our word against the owner's.
TLDR: New job at a small business isn't providing me or other workers with state-protected rights such as a 10 minute break and paid compensation for all time dedicated to the job. There's nothing in writing to provide evidence for this, so I want to report this place for labor code violations, but I have no physical evidence. I plan to keep looking for jobs and leave this one, but what do I do about the legal violations?