Legal Question in Employment Law in California
I began working for a salary pay, which when divided by the hours I was estimated to work was about minimum she. So I agreed, but as I went further in the job my hours doubled and my pay never increased as promised and when I divided the hours vs pay I was only making $2.50 an hour. I know salary has nothing to do with hourly wages, but is it legal to require someone to work 60 hours a week and only give them $150? I want to file a wage claim, would I be able to do so?
2 Answers from Attorneys
You are entitled to be paid at least the minimum wage. The fact that your employee chooses to call your wages a "salary" is irrelevant. If your salary is below what you would earn under the applicable minimum wage law, then you are being underpaid and have the right to file a wage claim.
Best of luck to you.
Calif. law requires that employees be paid at least $8.00 per hour. Call an employment law attorney to discuss. Many of us offer a free initial phone consultation and may be able to get what is owed to you including possible overtime, waiting time penalties of up to 30 day's pay, interest and your employer may have to pay your attorney her/his fees. Your attorney will start by writing a demand letter to your employer setting forth your claims and attempt to settle. Filing a claim with the Labor Commissioner is only optional and not recommended if you have a good claim because they can't order attorneys fees to be paid.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
