Legal Question in Employment Law in California

Hi,

I just find a new job as a travel agency. The pay is very low - only $1400 salary per month, but the point is I have to work Monday through Friday 9am-6pm, and Saturday 10am-2pm (Total 49 hours/week). And the boss never mentioned about any kind of benefits nor insurance. So I doubt is this legal? The worst part is that I also have to sign a contract to not quit in six months, otherwise I will be penalized for 2 months salary. This really is my first full time job and I have no knowledge with the laws, so please help me!

Best regards,

Zhiwei


Asked on 2/26/10, 3:21 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

You haven't mentioned what the job is you were hired to do is. This makes a difference in determining whether you are legally recognized as an exempt or non-exempt employee from mandated overtime rates. If your duties are regarded as non-exempt, the employer must pay you overtime for all hours worked in excess of 8 in a day or 40 in a week. Plus, you are required to be given a 10 minute rest break for every 4 hours worked and a 30 minute uninterrupted meal break for work over 5 hours. If you are an exempt employee, these rules do not apply to you.

Employers are not yet legally required to provide benefits or medical insurance. That may change, depending on what happens in Washington.

The contract you signed is the most troubling part of your question. While I cannot specifically advise you on it because I have not read it, I can pretty safely say that it is unlawful to penalize you for 2 months salary if you leave before 6 months. If an employer is going to put such a ridiculous provision in the contract, I can only imagine what other questionable provisions may be in it.

You should have the contract and your employment relationship reviewed by an employment attorney in your area, to make sure this employer is not violating your legal rights.

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Answered on 3/03/10, 3:56 pm


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