Legal Question in Employment Law in California

labor law

salaried manager who also handled payroll for a restaurant is now claiming overtime with labor board after he ran buxiness 17 months without a profit. Bus is now closed due to his serious mismanagement.


Asked on 4/05/09, 11:33 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: labor law

So, fight the claim on that basis. If you don't know how to do so yourself, hire an attorney who does. Feel free to contact me if serious about doing so.

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Answered on 4/07/09, 1:16 pm
Alden Knisbacher knisbacher law offices

Re: labor law

Many CA business have gotten in trouble over misclassification of managers -- you would have to prove that the manger spent more than 50% of his day in management work, that he had discretion in what he did and that he was, therefore, properly classified as management. (The profit of the location is irrelevant to whether this person is owed overtime.) Even if you win at the labor commissioner, the employee can appeal to the Courts -- and you might have to defend a lawsuit, which can be costly. It may be easier/cheaper to try to settle this at the Labor Commissioner hearing -- and you should have a lawyer representing you (although you do not need to have one.) Good luck.

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Answered on 4/12/09, 5:04 pm


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