Legal Question in Business Law in California

I recently took a new job at a location that is a competitor of my last job. I took it because I really needed the money. I quite both of my jobs and moved from San Clemente to Newport. My last employer was furious. It was a shame and by making the necessary move I burned many bridges that I had spent two years building.
Below was the offer that I received. The hours were from 7-12pm and 3-6pm M-F. I started early and since then I have signed up over 70 members in one month(no commission) I was working multiple 15 hour days(7am-10pm) One week was well over 60 hours (no overtime). One Saturday the 14th they told me they decided I would be demoted and they would not be paying me what we agreed upon. I was the only one running the school. They clearly wanted to hire me to help them start the buisness because they did not know what they were doing and now that I have made it financially stable they want to cut me off to save money.
There has to be something illegal in this. I have done above and beyond what was asked of me and made this place thousands of dollars for basically peanuts in return. I do not want to burn any bridges but what do you think?

Asked on 7/16/12, 10:37 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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If you were commission only, or an independent contractor in sales, you are entitled to be paid your commissions.

If you were truly and legally 'salaried exempt', then you are not paid hourly or OT, no matter how many hours you work.

If as you seem to indicate, you were an hourly employee, you are entitled to be paid for all time worked. If unpaid, you can file suit for the pay, OT, interest and penalties. You can get attorney fees if you win at trial. If serious about pursuing this, feel free to contact me.

Answered on 7/16/12, 1:06 pm

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