Legal Question in Employment Law in California

My wife works out of home with a temp placement co. she has to respond to calls and is basically the Co rep after their regular busines hours for all problems and operations for the temp work force.

While she is responsible for business operations for 15 hours per night she receives compensation for only 5 hours per night.

Is this legally proper??


Asked on 4/28/10, 9:08 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

IF she is properly classified as an Independent Contractor, then she works whatever the terms of her contract requires. If she is an employee of the temp agency, and IF she is salary exempt, then she works as much as required for her salary. If she is hourly, then she is entitled to pay and OT as appropriate for all hours worked. In her case, it sounds like she should be hourly and should bring a claim with the Labor Commissioner for unpaid compensation and OT, plus interest and penalties. If they take the case, and if this is in SoCal, and if she wants legall representation in the hearings and trial, feel free to contact me. If she wins the case, she is entitled to have her attorney fees reimbursed.

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Answered on 5/04/10, 10:31 am


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