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?
2 Answers from Attorneys
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 (firstname.lastname@example.org) if you would like to discuss the matter further.
All the best,
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.
Related Questions & Answers
Our job recently presented us with a contract to sign within 20 days to see if we... Asked 11/27/12, 10:15 pm in United States California Labor and Employment Law
I have a small claims case in court and I sewed only for non payment of wages and... Asked 11/26/12, 6:21 pm in United States California Labor and Employment Law
I work for a Contractor in CA. The General Contractor on the project we are working... Asked 11/26/12, 2:00 pm in United States California Labor and Employment Law
'Can an employer terminate a part time employee if the position calls for a full... Asked 11/26/12, 1:41 pm in United States California Labor and Employment Law
Can an employer lay someone off for 7 days without pay, when hired full time at 40... Asked 11/26/12, 11:33 am in United States California Labor and Employment Law