Legal Question in Employment Law in California

l work at a privately owned company that was established in april 2010 and it is still a fairly new business entity. l am the manager and work monday thru friday from 7.30am to 6.00pm and sundays from 9.00am to 1.00pm which accumulates to 56.5 hours a week. I am on salary @ $30k/ year and do not supervise anyone at the moment and do not get overtime pay and do not get any benefits. How does this apply in employement law as far as my rights go? what should l do about this?


Asked on 11/02/10, 12:25 pm

2 Answers from Attorneys

Deborah Barron Barron Law Corporation

There are certain types of job classifictions that are exempt from overtime. One of the tests for whether you are really a manager, is do you have the authority to hire and fire employees? Do you clock in? If you are required to clock in, you are not exempt, you should be paid hourly. I would need to know more about your position to provide a complete answer. [email protected] http://www.lawbarron.net

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Answered on 11/07/10, 2:08 pm
Terry A. Nelson Nelson & Lawless

If properly classified as 'salaried exempt' as a manager, you get to work as many hours as the company demands, for your 'big bucks' and title. If not properly classified, then you would be 'non exempt' and entitled to OT for all time over 8/40. If serious about pursuing this, feel free to contact me to discuss the actual facts. .

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Answered on 11/08/10, 11:46 am


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