Legal Question in Employment Law in California

RE: Salaried employees and overtime----exempt vs. non exempt

I work at a group home in california. Six months ago I agreed to start receiving a set salary. I found out that I am not exempt from receiving overtime after 8 hours a day due to my monthly salary being less than 2 times the minimum wage amount per month. After a long battle, I got a little over time... but the rate was at my old hourly rate that I had before going to salary ($2 less per hour) and he refused to pay double time after 12 hours worked in a day.

The next pay day, I saw that my wages were switched from salary to hourly again. THis was not discussed with me and although a boss can change your wages....this seems to have been done out of spite since I called him on the over time thing. What can I do.


Asked on 2/24/00, 4:31 am

1 Answer from Attorneys

Stuart Kaye Law Offices of Stuart M. Kaye

Re: RE: Salaried employees and overtime----exempt vs. non exempt

If your wages have been reduced, whether paid on a salary basis or hourly basis, because of your complaint about overtime, you may have a claim for retaliation.

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Answered on 2/28/00, 8:58 pm


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