Legal Question in Employment Law in California

I've been a manager at a storage facility for 2 years, and believe that my employer has violated CA laws. I live onsite in an apartment, and also get a monthly base pay plus rental bonus.

1) Is it legal to have me work 7 days a week, with no additional pay for days 6 and 7? No overtime paid, either! (I think the owner may use the excuse that I am a "Manager", but I have no budget, supervise no employees, and he always has an excuse for why he can't hire someone part time so that I can have 2 days off.)

2) Since I am the only one there now (he had 2 people in the past), is he required to provide me with a lunch hour?

3) If he was required to pay me for days 6 and 7 for the past 2 years, at an overtime rate, do interest or penalties apply?

Thanks! Ted

Asked on 11/28/12, 3:46 pm

2 Answers from Attorneys

Aryeh Leichter Leichter Law Firm, APC

It sounds as if you might have been either misclassified as an exempt employee or just improperly paid as an employee under the California Labor Code. Please call (213-381-6557) or email me ([email protected]) if you would like to discuss the matter further.

All the best,

Ari Leichter

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Answered on 11/28/12, 4:04 pm
Terry A. Nelson Nelson & Lawless

You can probably show you are an hourly employee, improperly classified as salary exempt. That would entitle you to OT for any hours over 8 or 40, with penalties and interest accruing. Denied breaks and lunches also earn OT, penalties and interest. If you win at court you would also get judgment for all your attorney fees. If serious about hiring counsel to help in this, feel free to contact me.

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Answered on 11/28/12, 4:14 pm


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