California  |  Employment Law

Legal Question

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

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

2 Answers

Answered on: 11/28/12, 4:04 pm by Aryeh Leichter

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 ( if you would like to discuss the matter further.

All the best,

Ari Leichter

Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.

Leichter Law Firm, APC 3580 Wilshire Blvd., Suite 1745 Los Angeles, CA 90010

Other answers from this attorney

Answered on: 11/28/12, 4:14 pm by Terry A. Nelson

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.

Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.

Nelson & Lawless 18685 Main St., #175 Huntington Beach, CA 92648

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

209 Answers given in the last few hours.

8662 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search