Legal Question in Employment Law in California

I am a supervisor at a hotel. My job duties include management duties. I am only paid as a hourly employee. Is this legal. I feef I am being forced to do management duties.


Asked on 2/02/10, 7:19 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If you're an hourly employee, do you have to work overtime (more than 8 hours a day or 40 hours a week)? If so, do your time cards reflect all the hours you worked? Do you get paid time-and-a-half for overtime? Be sure you keep accurate records of all the time that you work, and take these records home with you (do not keep them at work). If you are legally entitled to overtime and you don't get it, you could have a good case. As far as your generally being dissatisfied with your pay rate, you could ask for a raise, or find a managerial position with another hotel operator.

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Answered on 2/07/10, 10:45 pm
Terry A. Nelson Nelson & Lawless

You are likely not 'forced', you can quit any time. There is no requirement to classify any employee as salaried exempt, but there are many rules prohibiting such classification in error, with penalties your employer is probably making sure they do not risk. If you work more than 8/40 you'd be entitled to OT. If not paid OT properly, you can file a claim with the Labor Commissioner.

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Answered on 2/08/10, 3:53 pm


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